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INDONESIA
Jurnal Suara Hukum
Published by Universitas Negeri Surabaya
ISSN : 2656534X     EISSN : 26565358     DOI : 10.26740
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Suara Hukum memiliki standar untuk perilaku etis yang diharapkan oleh semua pihak yang terlibat dalam tindakan penerbitan: penulis, editor jurnal, peer reviewer dan penerbit. Jurnal Suara Hukum adalah jurnal peer-review, diterbitkan dua kali setahun di bulan Maret dan September oleh Departemen Hukum, Universitas Negeri Surabaya. Jurnal suara hukum telah memiliki akun Google scholar dengan tautan https://scholar.google.com/citations?hl=en&authuser=1&user=clJJoeIAAAAJ Jurnal Suara Hukum saat ini berstatus belum terakreditasi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2021)" : 8 Documents clear
Dampak Keterlambatan Pemberitahuan Pengambilalihan Saham Perusahaan Terhadap Larangan Praktik Monopoli Dan Persaingan Usaha Tidak Sehat Moch Dzulyadain Nasrulloh
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p143-173

Abstract

A company acquisition is a legal act performed by a legal entity or an individual to take over the company's shares by buying shares or part or all of the company's assets. Acquisition provisions are regulated in Law Number 40 of 2007 concerning Companies and Government Regulation Number 27 of 1998. One of the legal problems in the acquisition of a company is the delay in reporting the acquisition of shares in need. This study aims to analyze the share acquisition mechanism according to Law Number 40 of 2007, Law Number 5 of 1999 and Government Regulation Number 57 of 2010 as well as the legal provisions on the delay in reporting of share takeover faced by PT. Plaza Indonesia Realty, Tbk, which acquired PT. Citra Asri Property. The method used in this research is normative juridical. Data collection techniques in research using literature study with data sources of primary legal materials and secondary legal materials. The result of this research is that in the takeover of PT. Citra Asri Properti has caused several legal consequences, namely: legal consequences for shareholders, legal consequences for employees and legal consequences for the company's organs. This legal effect only affects the shares that are transferred from the old owner to the new owner and the rest remains valid as before. Due to the late reporting violation of the share takeover of PT. Indo Plaza Indonesia Reality, Tbk as stipulated in the applicable fines in Article 6 of Government Regulation Number 57 of 2010
Urgensi Percepatan Pengesahan Rancangan Undang-Undang Penghapusan Kekerasan Seksual Firda Yanis Hardianti; Reno Efendi; Putri Diah Lestari; Elisabeth Septin Puspoayu
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p26-52

Abstract

According to the Annual Report of the National Commission on Anti-Violence Against Women, cases of sexual violence continue to increase each year. The data shows that Indonesia needs regulations that protect victims of sexual violence. So far there has been no legislation that accommodates the whole of crimes and sexual violence resulting in a vacancy and uncertainness of the law. Indonesia needs laws that can complement its special nature governing and carrying out all forms of sexual violence (lex specialis propensionem sexualem identitatemque). So the existence of laws specifically governing sexual violence is critical to providing guaranteed protection and legal certainty for victims of sexual violence in a more perfect range. The withdrawal of the MCC Bill from Prolegnas is clearly not the answer to the growing problem of sexual violence. So by conducting this research will be a clue to the urgency of the Sexual Violence Elimination Bill which encourages the certainty of legalization. This research conducted by library review method which will produce a research analysis of the impact that will occur due to the delay in the ratification of the MCC Bill with the enactment of the Criminal Law Bill (RKUHP) as it is currently.
Mewujudkan Sistem Peradilan Pidana Terpadu Melalui Case Management System (Studi di Kejaksaan Negeri Kota Bogor) E. Agus Suryadi; H. Supardi
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p1-25

Abstract

This legal writing motivated by the efforts made by the Bogor City State Prosecutors Office in order to make changes by implementing information technology innovations in handling general criminal cases, especially the handling of narcotics and psychotropic cases in order to realize good and professional governance. System, reduce abuse of power, and curb case administration from the SPDP stage to the implementation stage. The outline of this paper is to discuss the issue of implementing the Case Management System (CMS) in the data input process for handling narcotics and psychotropic crime cases at the Bogor City District Attorneys Office in realizing an integrated criminal justice system. This research uses statutory, case, comparative, and conceptual approaches. The results showed that the data input process for handling cases of narcotics and psychotropic crimes was in accordance with the SOP, the application of an integrated case handling system in the Information Technology Integrated Case Management System (SPPT-TI) so that it could increase efficiency and effectiveness in case handling. However, there are still obstacles that were face, namely the lack of operator personnel and a lack of understanding of the application of the use of the Case Management System (CMS), but with these obstacles, training on CMS data entry conducted.
Perbandingan Aturan Perlindungan Privasi Atas Data Pribadi Antara Indonesia Dengan Beberapa Negara Nadiah Tsamara
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p53-84

Abstract

The development of information and communication technology shows a significant increase. In the development of information technology and technology, personal information consisting of names, e-mails and cell phone numbers is very valuable data because there is economic value obtained in the business world, but technology can also be very dangerous if its use is not restricted, such as in the case of not protecting personal data, while privacy of personal data is important because it involves a person's dignity and freedom of expression, but data is not protected because in Indonesia there is no obligation in positive law which specifically regulates and provides sanctions for violations. This study aims to discuss the regulation in the perspective of comparative law in Europe, America, Hongkong, Malaysia, Singapore, South Korea, and Japan. This study uses normative legal research using asttutory approach and comparative approach that examines and analyses legal sources. This study discovers that the regulation of personal data protection in Indonesia has not been fully and thoroughly regulated compared to the regulations in several other countries, that there is a need for legal harmonization of personal data protection that is mature and deep
Perlindungan Hukum Bagi Pemegang Hak Merek Superman Terhadap Pelanggaran Merek Viona Talitha Syafira
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p85-114

Abstract

Owners of well-known marks in Indonesia have in some cases been rejected when submitting their application for registration by DGIP because most of the similar marks have already been registered. For example, PT. Marxing Fam Makmur by registering the Superman trademark while it was registered first by DC Comics. So, the problem is how the protection of Superman's trademark rights holders based on Law No. 20 of 2016, and how is the decision of the Commercial Court judge in ruling on trademark disputes. This study uses normative research methods which are sourced from secondary data as a support for qualitative analysis. Based on the analysis, it is known that the Superman brand belongs to PT. Marxing Fam Makmur has similarities in essence to the Superman brand owned by DC Comics and the Superman trademark registrant has bad intentions, so DC Comics as the owner of the Superman mark has the right to file a trademark cancellation lawsuit to the Central Jakarta Commercial Court. In the lawsuit, DC Comics did not prepare the lawsuit accurately and clearly so that the lawsuit became vague and the judge decided that the lawsuit was declared unacceptable
Implementasi Pengelolaan Kualitas Dan Pengendalian Pencemaran Air Di Home Industry Krupuk Desa Kenanga Sindang Indramayu Nurwahyuni Nurwahyuni
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p115-142

Abstract

The impact of modernization in the industrial sector has the potential to produce waste as residual products that can pollute the environment, damage and / or endanger health and the environment. Actualization of these threats is contrary to the ecologically Sustainable Development Principle which requires preservation of functions and controlling environmental pollution and damage. The disposal of waste from the production of krupuk Home Industry in Kenanga Village, Sindang Subdistrict, is channeled into a river which is a source of water for the community, causing river pollution. This research is a normative juridical research, based on normative analysis, legal science approach. Primary data as the main data is obtained from various legal materials related to research, supported also by secondary and tertiary data as additional data. The results showed that the implementation of Indramayu Regency Regional Regulation Number 9 of 2012 concerning Water Quality Management and Water Pollution Control, has not been implemented properly. This is evident from the existence of river pollution which is the source of water in Kenanga Village, Sindang Subdistrict, Indramayu Regency, which can no longer be used for people's daily lives due to the waste of krupuk production. The legal responsibility of cracker producers in the management of production waste as stipulated in Article 28 of Indramayu Regency Regulation Number 9 of 2012 concerning Water Quality Management and Water Pollution Control, which is subject to administrative sanctions in the form of a written warning, is deemed not to have a deterrent effect
Pemenuhan Hak Anak Korban Tindak Pidana Perdagangan Orang Andi Jefri Ardin; Beniharmoni Harefa
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p174-196

Abstract

One of the most important in human trafficking is the handling of victims. By normative research methods, it discusses the fulfillment of the rights of children who are vulnerable to becoming victims. There are two legal instruments in handling child as victims, there are Law Number 21 of 2007 and Law Number 35 of 2014. Based on the research, the Law Number 21 of 2007 more fulfilling than Law Number 35 of 2014. Government Regulation Number 43 of 2017 as implementing regulations for Law Number 35 of 2014 is not much different in substance from Law Number 21 of 2007. The application of the principle of the right to life and development of children also implies the state's obligation to ensure that children must have all the necessary access like social services, physical and mental health services and education.  Law Number 21 of 2007 nor Law Number 35 of 2014, not fulfilled these principles, for example regarding the education of child as victims. The law enforcement officials must pay attention to the Law Number 8 of 2010, to ensure that the defendant through confiscation of assets can fulfill the restitution for the victims during the investigation process.
Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19 Hananto Widodo; Fradhana Putra Disantara
Jurnal Suara Hukum Vol. 3 No. 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p197-226

Abstract

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

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