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JURNAL ILMIAH LIVING LAW

livinglaw
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Published by Universitas Djuanda Bogor

ISSN : 20858078 EISSN : 25501208 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.

Arjuna Subject : -

Articles 178 Documents

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ANALISIS YURIDIS PERATURAN GUBERNUR DKI JAKARTA NOMOR 175 TAHUN 2013 TERHADAP KESADARAN WAJIB PAJAK Mulyatno, Prihadi
JURNAL ILMIAH LIVING LAW Vol 8, No 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

The goverment of DKI Jakarta has been raising Nilai Jual Objek Pajak (NJOP) in 2013. And since on 2014. The reason of raising Njop is adjustment price of land and materials building which continued raise. The problems about raising Njop, most residents/population not pay the tax, because raising the tariff until 140. Because that public awereness and compliance pay the tax. The identification about the riset is 1) how the law effect to awareness and ability to payer property tax at Tanah Abang about raising Njop in 2014? 2) how solve the problem of the awereness, compliance and abilty to pay the tax? The method in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence. Normative juridical research, using literature study (review of the literature). In this research, library materials is a basic data research classified as secondry data. Results of the research: 1) raising of property tax the effect is many reseidents difficulties in implementing payed tax, on awareness, and compliance 2:) must have concept that can affect awareness and compliance of tax payers so that the resulting discipline in accordance with its obligation to pay the tax int the taxpayer.

EFEKTIFITAS BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN DALAM PERLINDUNGAN HUKUM TENAGA KERJA DI KABUPATEN BOGOR Hazarul, Harry
JURNAL ILMIAH LIVING LAW Vol 8, No 1 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

In Indonesia, everyone is entitled to social security to be able to meet the basic needs of a decent life and enhance the dignity of Indonesian society towards the realization of a prosperous, equitable, and prosperous. In order to create a foundation to improve the welfare and protection of labor, laws regulating the conduct of the Badan Penyelenggara Jaminan Sosial (BPJS) as the embodiment of social insurance. Results of this research are: 1) Implementation of social security health workers in Bogor is needed by laborers ; 2) The legal protection of social security health workers in Bogor, has not been done as it should be, there are still many laborers who have not registered for the social security health, due to lack of awareness and reluctance of employers in implementing social security programs of health ; 3) Effectiveness of Social Security Health in the protection of labor law in Bogor through BPJS Kesehatan as a social security already meet the elements of social security protection, but in practice there are still obstacles either to do with regulations or rules there is the realization and many complaints against the services and benefits held BPJS Kesehatan.

EFEKTIVITAS PENGELOLAAN PAJAK BUMI DAN BANGUNAN OLEH DAERAH TERHADAP PENINGKATAN PEMBIAYAAN PEMBANGUNAN DI KABUPATEN BOGOR EFFECTIVENESS OF LAND AND BUILDING TAX MANAGEMENT BY REGIONAL FOR IMPROVEMENT FINANCING DEVELOPMENT IN BOGOR REGENCY munawaroh, ade
JURNAL ILMIAH LIVING LAW Vol 7, No 2 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Pelimpahan kewenangan pemungutan pajak bumi dan bangunan dari pusat ke daerah kabupaten/kota merupakan kebijakan yang tepat dalam pemberian tugas otonomi yang luas. Pengelolaan pajak bumi dan bangunan menjadi pajak bumi dan bangunan sektor Perdesaan dan Perkotaan oleh pemerintah daerah dapat meningkatkan PAD guna meningkatkan pembiayaan pembangunan daerah kabupaten/kota. Pelaksanaan pemungutan pajak bumi dan bangunan yang dilaksanakan oleh Pemerintah Daerah Kabupaten Bogor berdasarkan Peraturan Daerah Nomor 11 Tahun 2011 tentang Pajak bumi dan bangunan Perdesaan dan Perkotaan (Perda PBB-P2), atas dasar pelimpahan kewenangan dari pusat yang bertujuan untuk peningkatan Pendapatan Asli Daerah (PAD) yang ditujukan untuk pembiayaan pembangunan daerah. Pengelolaan pajak bumi dan bangunan oleh pemerintah daerah kabupaten/kota, ternyata dapat meningkatkan PAD Kabupaten Bogor di sektor pajak maupun sektor-sektor pajak daerah lainnya meskipun fluktuatif. Dengan demikian efektivitas pengelolaan pajak bumi dan bangunan yang pengelolaannya dilimpahkan kepada pemerintah daerah telah memberikan peningkatan pembiayaan pembangunan di Kabupaten Bogor.

BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU Supriyatna, Dadang
JURNAL ILMIAH LIVING LAW Vol 10, No 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocateâs respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacherâs Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

LAW PARADIGM DEVELOPMENT TO REDUCE HOUSING BACKLOG Sihotang, Sudiman
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

There is a difference of paradigm between rural and urban people about house ownership, if urban society is influenced by Civil Code thinking where if one buys land at the same time he/she buys everything that is above it, including house building. Unlike the village community, the atmosphere of thinking about the land is influenced by customary law, which has a communal nature in which the land is owned by a citizen or otherwise known as ulayat land, so it can be understood that the minds of rural people about the house is not always merged with the land ownership, or ulayat can be built houses of some fellowship members. As a result of this paradigm, people should think of setting up funds to buy land if they want to buy a house, while the price of urban land is higher, and for the housing stake-holders, for example, housing developers, the land is used as a business commodity and a tool to achieve profits- the more so, if people want to buy a flat housing, you can imagine the meter price of the building will be charged to the land which is an integral part of the apartment unit. This raises several issues such as the number of backlog of housing is increasing, in 2015 recorded approximately reaches 14 million backlog. The governments target of providing a million homes is not achieved, including the construction of 1000 towers the year it is getting harder to achieve. This study aims to look at legal aspects that can provide solutions for the provision of housing, especially the Low Income Community (MBR) and Very Low Income Society (MBSR) so that the construction of a house is not just a project of a particular party, but a way for people to access home ownership. The method used is Sociological Jurisdiction with deep attention as well as Normative Juridical aspects as the related variables one and other.Keywords : Paradigm, Housing Law, Flat, Low-Income Community.

KEPASTIAN HUKUM JAMINAN ALAT BERAT SEBAGAI OBJEK FIDUSIA Vemil, I Kadek
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.134

The purpose of this study was to determine how the principle of legal certainty as an effort to provide legal protection to creditors who receive heavy equipment as collateral to secure loans and how the execution of fiduciary against the heavy equipment. The approach used in this study, namely: normative juridical, which is conceived as the norm of law, rules, principles or dogmas. Juridical sociological (empirical), namely the law as a symptom of society, as a social institution or patterned behavior. The results show there has been a difficulty of the Fiduciary Receiver to execute fiduciary Fiduciary when givers are in default, as the de facto objects into an object Fiduciary it is still in control of the Borrower and fiduciary objects already in the possession of third parties that has nothing to do with the agreement.

PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU PADA PERUSAHAAN GARMEN Rosita, Ita
JURNAL ILMIAH LIVING LAW Vol 8, No 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Today many companies use labor through Work Agreement of Specific Time (PKWT) to reduce the labor cost in order to increase profits. But in the execution, many applications of the work agreement of specific time were not in accordance with the provisions in the Law No. 13 Year 2003 about Manpower that ultimately disadvantaging the labor. This research aims to know legal protection of labor in the implementation of work agreement of specific time at a garment company in Sukabumi. Research methods used by the author in this research are normative judicial and empirical judicial methods. The findings suggest that first, the implementation of work agreement between the labor and the company is not according to the Law No. 13 Year 2003 especially on Article 59 about job assignment. Second, the implementation of legal protection at the company on the welfare of the labor is acceptable although is not satisfying yet. Third, promotion of labor of specific time to become full time employee at the company is based on performance. Labor of specific time that was considered having good achievement, discipline and able to work together with other workers could be promoted to become full time employee.

PERLINDUNGAN HUKUM HAK ATAS TANAH MASYARAKAT DESA GALUGA BOGOR AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Siki, Martinus
JURNAL ILMIAH LIVING LAW Vol 7, No 2 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

The study refered to the case of garbage landslide of TPAS Galuga Bogor on 2010, which gave impact to the removal of the object of communal land, in order to analyze whether the compensation also the handling of that impact were not carried out in accordance with the regulation. By the approach of empirical and normative jurudical analytical methods, this study prior to the land acquisition for constructing the TPAS Galuga Bogor, which brought inappropriate waste management in accordance with the provision of the legislation. This caused garbage landslide as well as environmental pollution. In order to avoid the lawsuits, Government of Bogor, as the manager, intentionaly used the pattern of land acquisition for public interest in compensating the object of communal land that was burried by garbage landslide so it would be considered as a case of force majeure. Therefore, it can be concluded that there were deviation and legal violation of land acquistion, waste management, and the handling of the impact of TPAS Galuga Bogor so that communities and NGOs can prosecute class action lawsuits to the municipal government of Bogor, who should be responsible for any loss due to the impact of insufficient management of TPAS Galuga Bogor.

JUSTIFICATION OF ESTABLISHING BUILDING PERMITS FOR PRIVATE EDUCATION INSTITUTIONS WAQF BASED ON THE PERSPEKTIF GOVERNMENT SOCIAL RESPONSIBILITY Aminulloh, Muhammad
JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Indonesia as a developing country is still trying to do development, this development requires the Legal Certainty for the realization of efforts community life. [Article 1 paragraph (3) of the 1945 Constitution (after amendment). In fact, legislation relating to development still overlaps policies, resulting in the existence of Legal Uncertainty. Example; Perda IMB pertains to the services of authorized officers. Governments use planning to manage land development of their jurisdictions. Thus, government units can plan community needs while safeguarding natural resources. A building permit is required in accordance with the spatial, land use planning (land use plan). The government makes rules on the land guidance plan, one of which is the rule of article 2, paragraph 1 of the BAL, the state regulates the use, allocation, provision and maintenance, usage, designation (utilization, KDB, outbreaks, apartment buildings, irrigation buildings, etc.). How to use the land, there are rules, the rules can be location permit, IPPT, land use permit, building permit, why should use IMB, as this is to regulate in the framework of the maintenance of the livelihood of the people and this applies to all, and schools, social schools, including educational institutions that stand on wakaf land managed by the foundation. For educational institutions, it is felt to be heavy in terms of obtaining building permits. this is because the process of permission to build the building was equated with the lisence establishment of factories, industries etc. Besides that, the heavy rules so far felt by institutions that will establish school schools to licensing issues are the rules on AMDAL. The government is afraid of land use will be wrong. AMDAL is requirements for the establish of a school. The government should make a classification rule on AMDAL for building permits for the establishment of schools, especially school schools located in waqf land, lighter than building permits for industrial or factory establishments. (descriptions of AMDAL). The importance of building lisence (IMB) can be a starting point in obtaining legal certainty toÂ the right of building so that disturbance or harmful things, and to gain comfort in using the buildingKeywords: IMB, Land of Waqf and Government Social Responsibility

PERLINDUNGAN NORMA PENGUPAHAN DALAM PERSPEKTIF KEJAHATAN KORPORASI Santosa, Andry
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.524

This study aims to determine how the protection of wage norms and also what kind of offenses committed by employers and how the efforts to resolve it. Corporate responsibility in the field of protection of wage norm of cases of criminal acts that violate the provisions of paying wages below the Provincial Minimum Wage (UMP) or Minimum Wage Regency / City (MSE) was only applied to the organs of the management corporation (company), like leadership company (Director) who carries on business in the corporate everyday. This shows that corporate criminal responsibility in the field of wage protection can not be applied so that the need to change the attitude of the judiciary that the corporation may also be responsible for acts committed by the corporation itself persoon. Given the existing criminal provisions in employment in the form of sanctions of imprisonment and / or fines.

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Contact Name
JURNAL ILMIAH LIVING LAW

Contact Email
livinglaw@unida.ac.id

Phone
-

Journal Mail Official
livinglaw@unida.ac.id

Editorial Address
-

Location
Kota bogor,

Jawa barat

INDONESIA