Jurnal Suara Hukum
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.
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<![CDATA[Kajian Kriminologi Terhadap Pengunaan Mata Uang Kripto Sebagai Media Pencucian Uang ]]>
<![CDATA[Lendra Dika Kurniawan]]>;
<![CDATA[Alfin Dwi Rahmawan]]>;
<![CDATA[Jeanne Darc Noviayanti Manik]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[The purpose of this research is to see the loopholes for the perpetrators of money laundering through the Bitcoin Cryptocurrency media in carrying out their actions. This study uses a socio-legal research approach. Socio-legal is known as research that involves a social approach in studying legal studies or across disciplines. Sociolegal studies are an alternative approach that examines doctrinal studies of law. The results in this study are based on several case findings and also some literature, Bitcoin cryptocurrency provides opportunities for illegal transactions or transactions that are used for negative actions. There is strong speculation that Bitcoin is very vulnerable to be used as a medium for money laundering or other misuse such as terrorism financing, arms and drug trafficking to several other forms of crime. This is possible because Cryptocurrency has a Blockchain-based encryption system that has sufficient effectiveness, complexity, and anonymity. There are also attempts to engineer Bitcoin as a recognized currency in Indonesia, this can be seen from the use of Bitcoin and the emergence of legality against Bitcoin Cryptocurrency.]]>
<![CDATA[Peran Pemerintah Dalam Mitigasi Dampak Corona Virus Disease (Covid-19) Terkait Hubungan Industrial ]]>
<![CDATA[Ismail Rahmaturyadi]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[The World Health Organization (WHO) has declared Corona Virus Disease (Covid-19) a pandemic, and Covid-19 has spread very quickly throughout the world, including Indonesia. The government has taken several ways to prevent the spread of this virus, namely by implementing the Large-Scale Social Restrictions (PSBB) policy. This study aims to analyze the government's role in mitigating the impact of Covid-19 related to industrial relations. This study uses a normative juridical research method, namely the law approach. The results of this study are the urgency of the government's role in mitigating the impact of Covid-19 related to industrial relations. Apart from that, the role of the government with its various policies is also important because in dealing with the Covid-19 pandemic, the economic conditions of the people are completely disorganized so that the legal policies implemented by the government can restore the economy of the people who have been significantly affected due to the Covid-19 pandemic. The form of the government's role in maintaining industrial relations between employers and government workers has provided a stimulus for employers and workers/laborers affected by Covid-19 in the form of credit restructuring, incentives for workers affected by layoffs and policies in the field of taxation.]]>
<![CDATA[Urgensi Pengundangan Rancangan Undang-Undang Masyarakat Hukum Adat sebagai Bentuk Kesetaraan Warga Negara ]]>
<![CDATA[Ade Bagus Saswoyo]]>;
<![CDATA[Margo Hadi Pura]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[Indonesia is a country that has a diversity of ethnicities, races, religions and languages, including the existence of indigenous and tribal peoples. In fact, there is injustice that is felt by a number of indigenous peoples in the form of a lack of protection and recognition by the state for the existence of indigenous and tribal peoples, such as the Kuningan Regency Government's decision not to recognize the application of the Sunda Wiwitan community as indigenous peoples (MHA). The refusal was based on a letter from the Regent of Kuningan Number 189/3436/DPMD on December 29 2020. The reason was that Sunda Wiwitan was deemed not to comply with Minister of Home Affairs Regulation Number 52 of 2014 regarding the recognition of MHA, namely history, customary territories, customary law, assets and/or customary objects, as well as institutions/customary governance systems. This study aims to analyze the urgency of the importance of passing the Indigenous Peoples Law to facilitate various indigenous and tribal peoples in Indonesia. This study uses a normative juridical research method with a conceptual and statutory approach. The Bill on Customary Law Communities has actually been included in the National Legislation Program and has reached the harmonization stage and needs to add substance regarding the regulation of customary law community areas so that indigenous peoples live safely, grow and develop as a community group in accordance with their human dignity. The urgency of ratifying the Bill on Customary Law Communities is needed to ensure that indigenous and tribal peoples are free from discrimination, including reducing conflicts that often occur over ownership of customary/forest territories so that Indigenous Peoples' position as citizens is equal to other citizens in Indonesia.]]>
<![CDATA[Konsep Maladministrasi Sebagai Pembaruan Model Pengungkapan Tindak Pidana Korupsi ]]>
<![CDATA[Muhammad Faisal]]>;
<![CDATA[Andi Tenri Famauri Rifai]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[This study aims to analyze the phenomenon of acts of corruption that have undergone changes in terms of form. The urgency of this research is to formulate several methods that can be more effective in following the development of acts of corruption that occur. This research is a normative legal research with a concept and statutory approach. The results of the study indicate that the model for disclosing criminal acts of corruption must be updated by looking at other aspects or forms of examination to open up initial loopholes in the disclosure of criminal acts of corruption. Maladministration examinations, which are currently still relatively new to be implemented, can be used as a model for disclosing criminal acts of corruption, especially those that ensnare state officials. A maladministration examination can reveal other hidden motives that influence a state official in fulfilling his administrative and legal obligations.]]>
<![CDATA[Penerapan Asas-Asas Umum Pemerintahan Yang Baik Dalam Pemberhentian Tidak Dengan Hormat Terhadap Anggota Polri ]]>
<![CDATA[Maulidin Maulidin]]>;
<![CDATA[Iskandar A. Gani]]>;
<![CDATA[Efendi Efendi]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[This study aims to analyze one form of government action is the imposition of Dishonorable Dismissal (PTDH) sanctions against members of the National Police. There are legal problems when in practice the imposition of PTDH sanctions against members of the Indonesian National Police within the Aceh Regional Police raises problems with their compliance with laws and regulations and the general principles of good governance (AUPB). This study uses a normative juridical method, with a statutory approach, a concept approach, and a case approach. This study also uses empirical juridical methods with a socio-legal approach. The results of the study confirm that the Sanctions of Dishonorable Dismissal (PTDH) against members of the Indonesian National Police by authorized officials have not implemented the General Principles of Good Governance (AUPB). This also includes several principles in good governance that have not been implemented including the principle of legal certainty, the principle of balance, the principle of accuracy, and the principle of impartiality.]]>
<![CDATA[Penerapan Rule of Reason Dalam Putusan Komisi Pengawas Persaingan Usaha Pada Kasus Penguasaan Pasar ]]>
<![CDATA[Naufal Hariz]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[Competition is a necessity in the business world, business actors are no stranger to competition between business actors in conducting their business activities. This competition can have a positive impact on the business world itself. However, not all business actors respond positively to this competition, in practice there will be many business actors who choose fraudulent or bad methods to gain profits, such as engaging in monopolistic practices that can cause or create an unfair business competition climate. This paper will discuss the application of the rule of reason approach in regulating market control based on Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition by also examining their application in KPPU decision Number: 22 / KPPU-I / 2016.]]>
<![CDATA[Problematik Akta Perdamaian Pada Penyelesaian Sengketa Keperdataan Melalui Mediasi ]]>
<![CDATA[Dewi Sulistianingsih]]>;
<![CDATA[Indira Fibriani]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[The purpose of this paper is to describe and analyze the settlement of civil disputes through mediation. Mediation is a dispute resolution process that is faster and cheaper, and provides access to the parties to resolve disputes. This paper is based on research conducted using library research. the approach used is a conceptual approach. The results in mediation are decisions that are expected to satisfy the parties so that in the future it can be carried out properly by the disputing parties. The dispute resolution process through mediation is assisted by a mediator. The mediation peace deed is made as a sign of the end of the dispute and the disputing parties have agreed to make peace and are binding on the disputing parties. The legal force between the results of mediation in court and the settlement of civil disputes through mediation is the same, namely permanent legal force. The legal consequences if the parties or one of the parties do not want to carry out the mediation peace deed, the trial can be continued. Settlement of disputes by means of Mediation in dispute resolution outside the court can produce efficient decisions, fast resolutions, the resulting decisions are satisfactory, and aim to resolve conflicts between the parties]]>
<![CDATA[Implementasi Hak Pendidikan Anak Pada Lembaga Pembinaan Khusus Anak Kantor Wilayah II Jakarta ]]>
<![CDATA[Tyastiti Chandrawati Anwar Sadat]]>;
<![CDATA[Pita Permatasari]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[The importance of protecting children’s right is a legal obligation for Indonesia. One of The national goal of Indonesia that contained in prambule of constitution is to educate the life of the nation, either way through protecting the right to education for fostered children. The urgency of this research is to see the implementation of the children who must be protected in Indonesia. The formulation of the problems in this research are : 1) How is the implementation of the right to education of children at LPKA Regional Office II Jakarta? 2) what are the obstacles to the implementation of the right to education of children at LPKA Regional Office II Jakarta?. This research is empirical legal research using primary and secondary data. The approach in this research are statutory research and conseptual approach. The results of the research showed that the implementation has been done even thougt it was not fully in accordance with the regulation (The decision of Minister of Law and Human Rights about Guidelines for the treatment of children in Bapas, LPAS, dan LPKA 2014). The obstancles to the implementation of the right to education of children at LPKA Regional Office II Jakarta are infrastructures consisting of inadequate classrooms, sufficient stationery, and teachers who not apply pedagogical competencies.]]>
<![CDATA[Pembaharuan Hukum Pengelolaan Tanah Wakaf di Wilayah Pesisir Utara Jawa Tengah ]]>
<![CDATA[Islamiyati Islamiyati]]>;
<![CDATA[Rofah Setyowati]]>;
<![CDATA[Ahmad Rofiq]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[Abstract The legal renewal of waqf land management in the northern coastal area of Central Java is very important because there are legal problems with the practice of waqf land management. The research identified legal problems in the management of waqf land in the northern coastal area of Central Java and the solutions. The benefits of research as a novelty on waqf law enforcement and waqf land management so that waqf land can be managed optimally. This type of research is field research, using an empirical juridical approach, the data needed is primary and secondary data, the data is analyzed qualitatively and concluded inductively. The results of the study show that the legal problems of waqf land management in the northern coastal region of Central Java, namely; waqf practices occur orally; the community is not yet fully aware of the waqf laws set by the state and do not fully support the management of waqf land; there is an attitude of the heirs not supporting the heir as waqif; unprofessional nadzir resources; the nadzir's attitude in the management of waqf assets is not yet transparent and accountable; the legality of the validity of the nadzir has not yet been realized; and PPAIW has not carried out its duties optimally. The solution; carry out legal renewal of waqf land management by improving institutional aspects, juridical regulations, nadzir resources, support for facilities and infrastructure as well as government policies so that the objectives and benefits of waqf land can be felt by the community. Keywords: Legal renewal; management; waqf land; northern coastal area; Central Java. Â ]]>
<![CDATA[Implementasi Penarikan Royalti Pengguna Lagu/Musik Pada Usaha Mikro, Kecil, Kafe di Kota Samarinda ]]>
<![CDATA[Andi Lolo Gunawan]]>;
<![CDATA[Emilda Kuspraningrum]]>;
<![CDATA[Febri Noor Hediati]]>
<![CDATA[ Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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<![CDATA[Song/Music users who use songs for commercial purposes are required to pay royalties after the issuance of Government Regulation Number 56 of 2021 concerning Management of Royalties for Copyright of Songs/Music. The problems studied in this study are how the regulation of the withdrawal of royalties for song/music users in micro, small cafes and how the implementation of the regulation of the withdrawal of royalties for song/music users in micro, small businesses in Samarinda City. This research uses a sosio legal research. The results showed that first, Government Regulation Number 56 of 2021 concerning Management of Royalties for Copyright of Songs/Music regulates the obligation to pay royalties and the institution authorized to collect royalties for songs/music, namely the National Collective Music Management Institute (LMKN), then also regulates payment relief for business actors with the Micro Business category. But there is no sanction regulation explicitly stipulated in Government Regulation No. 56 of 2021 for song/music users who use songs/music for commercial purposes illegally. Second, awareness of the obligations and how to pay song and/or music royalties is still low even though the National Collective Management Institute (LMKN) has conducted socialization about song/music royalties. The absence of the Song and Music Information System (SILM) makes the National Collective Management Institute (LMKN) set a priority scale in collecting song/music royalties to commercial users of songs/music with the priority of large and medium users, for users with small National Collective Management Institution (LMKN) has not been able to reach because it requires large operational costs.]]>
