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Jurnal Justiciabelen

justiciabelen
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Published by Universitas Muhammadiyah Gresik

ISSN : 26543419 EISSN : 26543311 DOI : 10.30587/justiciabelen

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

Journal Justiciabelen is published by the law Departement, University of Muhammadiyah Gresik, twice a year in February and September. The purpose of this journal is to facilitate research about Law. The article essentially contains topics on Criminal Law, Civil Law, Consultation Law, Government Law, Business Law, and Islamic Law

Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik

Articles 69 Documents

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EFEKTIVITAS PENERAPAN PIDANA MATI TERHADAP TINDAK PIDANA NARKOTIKA DI INDONESIA IFAHDA PRATAMA HAPSARI
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

The granting of severe penalties for the perpetrators of narcotics crimes is very appropriate to stem and reward the perpetrators of narcotics crimes in accordance with the rules set by the State through existing laws, even with the most severe penalties, namely the Criminal Penalty. differing views on the execution of the death penalty, especially for perpetrators of drug offenses caused by multi-interpretation regulations. In addition, factors outside the law, such as community saturation of drug crimes that are not subject to strict punishment, religious background of society, and social conditions of society are other aspects that greatly affect the community and law enforcers differently in seeing the death penalty for perpetrators drug crimes in Indonesia. In formulating regulations, a punishment tool should include two things, namely: First, must accommodate the aspirations of the people who demand revenge as a balance on the basis of the wrongdoing of the perpetrator. Second, it must include the purpose of punishment in the form of maintaining community solidarity, punishment must be directed at maintaining and maintaining community unity. In this context, when the Indonesian people want the application of the death penalty for drug offenders, their will cannot be banned.

STATUS HUKUM PRODUKSI GAWAI REPLIKA Hardian Iskandar
Jurnal Justiciabelen Vol 1 No 1 (2018)
Publisher : Universitas Muhammadiyah Gresik

Form of legal protection against the production of Gawai Replication in the form of preventive and repressive legal protection. The form of preventive legal protection in the form of legal protection for consumers is carried out at the time before the transaction occurs by providing consumer protection through the legislation that has been made. So that with the existence of these laws and regulations, consumers are expected to get protection before the transaction occurs, because there have been limitations and provisions that regulate transactions between consumers and businesses. While the form of legal protection is implemented through legal protection of consumers when after the transaction can be carried out through the District Court or outside the Court by the Consumer Dispute Settlement Agency based on the choice of the parties to the dispute

Penerapan Perikatan Dengan Ancaman Hukuman Dalam Perjanjian Endorse Hardian Iskandar
Jurnal Justiciabelen Vol 2 No 1 (2019): Justicabelen
Publisher : Universitas Muhammadiyah Gresik

This study aims to increase the understanding of the law regarding crowded agreements that are now used by the public, namely endorce agreements that are used in various types of social media. In the agreement used by regulations in Indonesia there is an agreement that is permitted or not by regulations so that the existence of this research can open insight into endorce agreements. Engagement with the threat of punishment alone reviews the existence of losses suffered by both the giver and the recipient in the agreement. Endorse itself is a marketing marketing for a product that is currently trending so that it is necessary to provide an understanding of regulation in civil law that applies both to endorsers and recipients of endorses agreed upon with an agreement.

GAGASAN STRATEGIS POROS MARITIM BAGI INDONESIA Bambang Sugeng Irianto
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

In creating the Maritime Axis there must be a division of the maritime zone to reinforce the territorial waters of Indonesia which manifest through clear restrictions accompanied by clear and explicit rules regarding inland waters, archipelagic waters, territorial sea and additional zones. Given that Indonesia is a coastal country, Indonesia has the authority to prevent violations of customs, fiscal, immigration or sanitary legislation within its territorial sea area. This oversight can be complemented by eradication measures and the coastal state can punish violators of legislation

KEDUDUKAN KETETAPAN MPR DALAM TEORI DAN PRAKTIK KETATANEGARAAN DI INDONESIA Nita Ariyani
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

The decree of the MPR was reviewed based on the theory of Von Stufentbau De Rechtsordnung (Theory of Hans Nawiasky) not including legislation but included in the category of Staatsgrundgesetz (Basic / State Rules) which is the basis for the formation of more laws and regulations low. If the MPR decree is classified into a type of legislation then it is the same as placing it too low because the MPR Decree is included in the Staatgrundgesetz category (Basic Rules / Principles of the State and He provisions of the People's Consultative Assembly in terms of constitutional practices in Indonesia remain included in the type and hierarchy of laws and regulations as referred to in Article 7 paragraph (1) of Law Number 12 Year 2011 concerning the Establishment of Legislation for reasons of practicality in constitutional practice even though the theory and juridical consequences (amendments to the 1945 Constitution specifically regarding the authority of the MPR) do not allow for the inclusion of the MPR Decree as a type of legislation. Because in theory the position of the MPR Decree is higher and is not a statutory regulation but constitutes the Basic Rules / Principles of the State and a juridical consequence that the MPR does not have the authority to set out the Broad Outlines and Guidelines of the State but only has the authority to amend and stipulate laws the state of 1945

PENGARUH DAYA SAING PERUSAHAAN DAN FREE FLOW OF SKILL LABOUR DALAM ECONOMIC ANALYSIS OF LAW Iwan Sandi Pangarso
Jurnal Justiciabelen Vol 1 No 1 (2018)
Publisher : Universitas Muhammadiyah Gresik

With the ease with which the permission of Foreign Workers (TKA) to enter Indonesia is expected to have a positive influence both for individuals, companies and for the country. The ease of permitting foreign workers can also be a way for investors to invest in Indonesia where investments made will be very profitable for the country. With the ease of Foreign workers permits, it is expected to be a trigger for the people of Indonesia to continue to develop and advance so as not to be left behind by the Foreign Workers and be able to develop companies in Indonesia more advanced so as not to make alternative foreign workers for company development. In relation to the competitiveness of companies, selected foreign workers must be able to develop the company so that they are able to compete in the world economy. Thus Indonesian workers and workers must be able to work together in producing new alternatives that can be developed in Indonesia, with the same welfare so as not to trigger discrimination between the two parties concerned. The government here has a very important role in everything, especially in the welfare of its people, here is done by opening up employment opportunities and guaranteeing all the welfare of its people by paying attention to the existing work by increasing the nominal salary in order to improve welfare for all levels of society especially people who are in the lowest layer.

Tindak Pidana Terhadap Kesusilaan Yang Dilakukan Tokoh Masyarakat Dari Sudut Pandang Kriminologi Hartanto Hartanto
Jurnal Justiciabelen Vol 2 No 1 (2019): Justicabelen
Publisher : Universitas Muhammadiyah Gresik

Crime continues to develop along with the development of society in all fields: political, economic, social, cultural and technological. Almost every day in the newspaper news, as well as electronic media, there is news about criminal acts against decency committed by various groups. Why it happened and how to overcome it is something that will be examined by the author. Cases of sexual decency against women, generally occur because of the imbalance of power relations in question is between men and women, and can also occur because of the imbalance of someone's "figure" in the community against the victim. Crime in general and in decency seems to develop along with the times, no longer see social status or figure. The role of culture, religion, and finally the law must always be fostered to be an element of handling crime against decency

POLITIK HUKUM PENGATURAN KEWENANGAN PENGELOLAAN WILAYAH PESISIR DAN PULAU-PULAU KECIL OLEH PEMERINTAH DAERAH DALAM KERANGKA NEGARA KESATUAN REPUBLIK INDONESIA Dodi Jaya Wardana
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

Management of coastal areas and small islands by the regional government is essentially the implementation of regional autonomy that has been guaranteed by Article 18 paragraph (2) of the 1945 NRI Constitution. With the existence of regional autonomy, according to Article 18A of the 1945 NRI Constitution there is a relationship of authority in the management of coastal areas and small islands. For this reason, the authority of regional governments in managing coastal areas and small islands is an inseparable part of regional autonomy. Based on Article 50 of Law No. 1 of 2014 in conjunction with Article 18 of Law No. 32 of 2004, the provincial authorities ranging from 4 nautical miles to 12 nautical miles, while the regencies / cities have the authority ranging from 0 nautical miles to 4 nautical miles. However, since the enactment of Law no. 23 of 2014, specifically the provisions of Article 14 paragraph (1), management of coastal areas and small islands is only the authority of the Central and provincial governments. Provincial authorities start from 0 nautical miles to 12 nautical miles. Whereas regencies / cities no longer have authority in managing coastal areas and small islands.

KEKUATAN HUKUM BATIKMARK SEBAGAI SARANA PERLINDUNGAN PRODUK BATIK DI INDONESIA Devi Andani
Jurnal Justiciabelen Vol 1 No 1 (2018)
Publisher : Universitas Muhammadiyah Gresik

This study aims to find out how legal force and consequence of batikmark as protection of batik products in Indonesia. The problem raised is: How legal force of batikmark as protection of batik products in Indonesia?; and Howconsequence of batikmark as protection of batik products in Indonesia? This study includes qualitative research with normative legal research typology. Research data was collected throught literature study, documents, and interviews. Then all data collectedwritten descriptively and analyzed qualitatively.The results of this study show that batikmark as protection of batik products in Indonesia have legal force like constitution. But, batikmark implemented for batik entrepreneurs in Indonesia not effective yet. Proven by the small number of batikmark certificates given by Balai Kerajinan dan Batik until September 2012. Furthermore, whwn viewed from batik entrepreneurs, batikmark implemented not effective yet because no sanctions have been imposed if batik entrepreneurs have not implemented batikmark. Consequence of batikmark there are legal of implemented batikmark is batik products are given quality assurance, throuhgt batikmark can increase consumer trust because batik quality has certain criteria; and batikmark as a differentiator between Indonesian batik or foreign batik. This study recommends the improvement and renewal rule of law of batikmark; socializayion and introduction to batikmark forbatik entrepreneurs in Indonesia.

MEMPERKUAT KEWENANGAN PENGAWASAN KOMISI YUDISIAL MELALUI POLITIK HUKUM KEKUASAAN KEHAKIMAN Iwan Sandi Pangarso
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

The authority of the Judicial Commission as an external supervisory body designed in the 1945 Constitution does not provide a constitutional basis that is ideal enough to play a role in the performance and behavior of judges. This was strengthened after the issuance of the Constitutional Court Decision No. 005 / PUU-VI / 2006 which states that it is unconstitutional and does not have the legal force to bind norms concerning supervision of constitutional judges because they are considered to cause legal uncertainty (rechtsonzekerheid). Based on these problems, this paper is intended to examine aspects of the authority that the KY has in a functional-constitutional manner. The authority of the Judicial Commission needs to be constitutionally strengthened through constitutional amendments so as not to be easily swayed by other legal products under it. In addition to the continued constitution amendment, it is necessary to provide executive authority to the KY through improving the law so that in exercising its authority effectively. This is intended so that the Judicial Commission can exercise its authority independently as long as it is based on constitutional law and has strong and binding legal force.

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Contact Name
Dodi Jaya Wardana

Contact Email
dodijayawardana@umg.ac.id

Phone
+6281330627891

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dodijayawardana@umg.ac.id

Editorial Address
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Location
Kab. gresik,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dodi Jaya Wardana

Contact Email dodijayawardana@umg.ac.id

Phone +6281330627891

Journal Mail Official dodijayawardana@umg.ac.id

Editorial Address -

Location Kab. gresik, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dodi Jaya Wardana

Contact Email
dodijayawardana@umg.ac.id

Phone
+6281330627891

Journal Mail Official
dodijayawardana@umg.ac.id

Editorial Address
-

Location
Kab. gresik,

Jawa timur

INDONESIA