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Jurnal yuridis
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Jurnal yuridis
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Core Subject : Social,
Jurnal yuridis Fakultas Hukum universitas pembangunan Nasional veteran Jakarta JL. RS. Fatmawati, Pondok Labu - Jakarta Selatan 12450
Arjuna Subject : Umum - Umum
Articles 139 Documents
FUNGSI LEGISLATIF DESA PASCA REFORMASI (TELAAH KRITIS ATAS UU NO. 22/1999 TENTANG PEMERINTAHAN DAERAH, UU NO. 32/2004 TENTANG PEMERINTAHAN DAERAH, DAN UU NO. 6/2014 TENTANG DESA) Lutfy, Riza Multazam
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3093.054 KB) | DOI: 10.35586/.v1i1.138

Abstract

This paper aims to determine the function of village legislative at post-reform. Based on historical data as well as critical analyzes of UU No. 22/1999 tentang Pemerintahan Daerah, UU No. 32/2004 tentang Pemerintahan Daerah, and UU No. 6/2014 tentang Desa, it can be concluded that the function of village legislative at post-reform is ups and downs. BPD 1999 has such a dominant function, so that the village government is unbalanced. The function of BPD 2004 is stripped down, so that the village executive can run his will without any supervision. The BPD 2014 is equipped with control function, so that the expected mechanism of checks and balances in village governance can be realized. Thus, it can be said that the function of BPD 1999 is dominant, the function of BPD 2004decreased, while the function of BPD 2014 is placed in a matched.
PERTANGGUNGJAWABAN WAKIL PRESIDEN MENURUT SISTEM PEMERINTAHAN INDONESIA (STUDI PERTANGGUNGJAWABAN WAKIL PRESIDEN PASCA PERUBAHAN UUD 1945) Ansori, Lutfil
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1171.39 KB) | DOI: 10.35586/.v1i1.139

Abstract

In the system of government of the Republic of Indonesia, the President holds the highest governmental authority in carrying out its obligations assisted by a Vice President. The 1945 Constitution of the Republic of Indonesia, article 4 is said "In performing duties, the President is assisted by a Vice President". Constitutionally this article shows the position and duties of the Vice President as assistant to the President. Presenting the system of government by the constitution is intended to determine a position of the Vice President in related with the President in terms of responsibility. Based on normative juridical approach in this research, it is concluded that the presence of 1945 Constitution Amendment increasingly clarifies that the Vice President responsibility is to the President. It is based on the position of the Vice President interpretation in the Indonesian system that is not equal. This unequal position shows that the presidency as an organizer of the government administration is singular (single executive). However, to avoid the impression of the Vice President as a "spare tire", the Vice President should be given a clear constitutionally duties by delegating or sharing ofduties and not through delegating or sharing of the power
EKSISTENSI PERADILAN ADMINISTRASI DALAM SISTEM NEGARA HUKUM INDONESIA Astomo, Putera
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2193.788 KB) | DOI: 10.35586/.v1i1.140

Abstract

Administration of court on Indonesian mentioned Peradilan Tata Usaha Negara(PTUN). PTUN is a justice court on underground Mahkamah Agung. As justice court so PTUN became a judicial power on Indonesian State to remember Indonesian State is law state mention in UUD Tahun 1945. This article to purpose knowledgeabout existence Peradilan Tata Usaha Negara in Indonesian law state system.
TANGGUNG JAWAB JABATAN DAN TANGGUNG JAWAB PRIBADI DALAM PENYELENGGARAAN PEMERINTAHAN DI INDONESIA Sufriadi, Sufriadi
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2416.858 KB) | DOI: 10.35586/.v1i1.141

Abstract

Giving great authority to the organs of government to be involved in most aspects of public life is the philosophical consequences of the welfare state understand which adopted by Indonesia constitution adopted. To carrying out the task for the general welfare, the authority which used the organs of government, based on the provisions of the legislation (principle of legality). However, not infrequently, the task was carried out on the basis of free authority(discretionary). In practical terms, this condition is highly vulnerable to violations of the rights of citizens, although within the framework of the concept of state substantive law, the use of discretion by the Government is no longer debatable. In this context, an understanding of government liability needs to be done. In the concept of public law, legal liability is closely related to the use of authority, which gave rise to the principle that 'no authority without responsibility'. There comes a time that the organs of government officials are held liable as, and sometimes as a person representing himself.
MEKANISME DAN IMPLIKASI DESENTRALISASI PELAYANAN PUBLIK TERHADAP WEWENANG PEMERINTAH DAERAH DITINJAU DARI UNDANG-UNDANG NO. 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK Pratiwi, Dian Kus
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1930.98 KB) | DOI: 10.35586/.v1i1.142

Abstract

The legal purpose is to deepen knowledge of local governance and decentralization principles in public service ministry in terms of UU No. 25 Tahun 2009 and find out the mechanisms and implications decentralization of the local government. This research is a normative law prescriptive with normative juridical methods, by researching secondary data and then analyzed with the interpretation of the mechanisms and implications public services to local government authority in terms of the Public Service Act. Results showed that the implementation of public service decentralization motivated by devolution of power from central to local government. Arrangements for public services through decentralized is according to the principles in UU No. 25 Tahun 2009. Implementation shows that has some positive and negative implications
TEORI HUKUM ALAM DAN KEPATUHAN NEGARA TERHADAP HUKUM INTERNASIONAL Lutfi, Khoirur Rizal
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2230.445 KB) | DOI: 10.35586/.v1i1.143

Abstract

This study aims to present a view of natural law theories regarding the position of international law that should be viewed by the entire international community as a law that must be obeyed. In addition this paper also present the measurement of the ethical and moral recognition of international law and an attempt to be accepted by the international community. in the end the natural law view that the values that are universally understood divided into three principal. First, the recognition of treaty. Secondly, should not depriving. Third, recognition of international custom considered as though not a written law. Other theories view, that the obligation to state compliance with international law can be based on several aspects, namely, soul, economic, political and other aspects that must be protected by the international community. Although the view of natural law often unwritten form, further action the values must be constructed in the form of awritten according to the needs of the international community
NORMA SANKSI DAN TEORI PIDANA INDONESIA Zaidan, M Ali
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (773.214 KB) | DOI: 10.35586/.v1i1.144

Abstract

Norms and sanctions in the criminal law are duumvirates nature. Interplay between the two. Norm without sanctions would lead to paralysis; sanctions that are not otherwise supported by the norms that will either lead to arbitrariness. Indonesian Penal Theory needs to build and developed with reference to the development of leading edge science and doctrine developed by the developed contries. Without losing the distinctive characteristics of the Indonesian Penal Theory. Guardiantship of a criminal theory that should be developed models in order to guide the prevention of crime and treatment of offenders.
HAK-HAK PERSONAL DALAM HUKUM PERDATA EKONOMI DI INDONESIA Wahyuningsih, Yuliana Yuli; Aryanti R, Dwi; Suherman, Suherman
Jurnal Yuridis Vol 1, No 1 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2173.556 KB) | DOI: 10.35586/.v1i1.145

Abstract

In Indonesia, the basic rights of citizens is regulated by the Constitution Law 1945 as the basis of the state constitution. Basic rights of the individual in Indonesia other than stipulated in the 1945 Constitution, as well as further stipulated in the legislation. According to the Law no. 39 of 1999 on human rights article 1, paragraph 1 determines that Human rights are a set of rights attached to nature and human existence as a creature of God is Almighty and His grace which must be respected, upheld and protected by state law , the government and everyone for the respect and protection of human dignity. The basic rights of human beings in the field of economics is the rights of economy activity, labor, right to work, earn a wage and participate in labour unions, intelectual property rights also contract field. Need further study, whether the state protects the rights of individuals in the field of civil economic law in the Indonesian . This papper By using normative methods through the study of literature. The conclusion that the government would need to make rules that are clear and detailed set of individual rights in the economic field which must refer to the basic values which are universal, namely sustainability (sustainability), unity (wholeness), harmony (harmony), equality(balance),equity(fairness)
PERTANGGUNGJAWABAN HUKUM DALAM PENEMBAKAN PESAWAT UDARA SIPIL DITINJAU DARI ASPEK HUKUM INTERNASIONAL Widarto, Bambang
Jurnal Yuridis Vol 1, No 2 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.704 KB) | DOI: 10.35586/.v1i2.147

Abstract

In the fact there was a shooting of a civilian by a military aircraft either with water-to-air missiles with aircraft or ground-to-air missiles. In this paper formulated problems: How the regulation of a country as contracting party of Chicago Convention respects for civil aviation safety and how the Chicago Convention regulate to refrain from using weapons against civil aircraft? The discussion also extends to how the conventions regulate respects and protection against civil aircraft in time of war according to the law of international armed conflict (Law of Armed Conflict); and how the provision of war crimes (war crimes) and crimes against humanity (crimes against humanity) are related to the shooting of civil aircraft in the Rome Statute of 1998?. Legal liability in accordance with the perpetrators of the events can be associated with the provisions of international law which can be found in Article 3 bis Chicago Convention of 1944, the Montreal Convention of 1971, the Beijing Convention of 2010, the Beijing Protocol of 2010, the provisions of Crimes against humanity in the Rome Statute of 1998, and in time of war (armed conflict) may be associated with the Geneva Convention of 1944, Protocol 1 and 2, 1977, and the war crimes defined in the article 8 of Rome statute 1998
PERTANGGUNGJAWABAN PIDANA KORPORASI BERDASARKAN ASAS STRICT LIABILITY (STUDI PEMBAHARUAN HUKUM PIDANA LINGKUNGAN HIDUP) Kurniawan, Ridho; Sari D, Siti Nurul Intan
Jurnal Yuridis Vol 1, No 2 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.808 KB) | DOI: 10.35586/.v1i2.148

Abstract

Criminal responsibility adopted by the Indonesian criminal law and environmental law are regulated in Law Number 32/ 2009 on Environmental Protection and Management. The principle of fault liability based complicate law enforcement in the process of criminal evidence. Law Number 32/2009 on Environmental Protection and Management of the Environment has set a strict liability issue but nevertheless the strict liability only obligate to pay compensation in the event a civil lawsuit. Criminal law recognize the strict liability. Strict liability is defined as liability without fault is criminal liability without proof of fault further to the offender. In criminal cases involving corporate environment needs to be applied the principle of strict liability, so that the strict liability can be expanded application not only to the claim for damages in civil cases but can also be done in the legal protection of penal law, is expected with the integration of the law will be able to simplify the process of proving environmental crime by the corporation . This research aims to determine the corporate criminal liability based on the principle of Strict Liability and its implications of the application of strict liability corporation in the process of proving environmental crime.

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