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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 109 Documents
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Content Analysis (Analisis Isi) terhadap Peraturan Daerah Bernuansa Syariat Islam di Kabupaten Banyumas Andriyan, Dody Nur
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p121-141

Abstract

Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011
Dilema dan Problematik Desain Industri di Indonesia Sulistianingsih, Dewi; Satata, Bagas Bilowo Nurtantyono
Jurnal Suara Hukum Vol 1, No 1 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n1.p1-14

Abstract

Industrial design is one part of the scope of intellectual property that gets protection from the state by first registering for the design. Issues in industrial design are no less complicated with problems in the scope of other intellectual property, such as patents, brands, inventions. The clash between industrial design and copyright and brand is unavoidable. Designers must be able to understand the existence of industrial design in intellectual property. One of the problems in the body of industrial design is about renewal. The provisions of renewal are one of the reasons for the emergence of cases / cases in claims against industrial design.This study uses a normative juridical method with a legal and conceptual approach. The purpose of this study is to reveal and analyze problems in industrial design in Indonesia. A review of the Industrial Design law is important to do in order to create a law that can accommodate interests in the corridor of legal certainty, justice and expediency.
Diskresi Kepolisian Diluar Pengadilan dalam Rangka Penyelesaian Perkara Pencurian oleh Anak dalam Keluarga Dody Hendra Hendra
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p134-153

Abstract

  Constitution of the Republic Indonesia 1945 states that Indonesia is a state of law. It is affirmed that the Republic of Indonesia is based on law (rechstaat), not for power merely (machtstaat). Children are the next generation of the nation that must be protected by their rights, so that if there is a criminal act involving children, it should not end in a prison sentence but can be settled in a certain way outside the court. Based on the consideration, the author disscuses this journal with the title "Discretion of Police outside the Court in the settlement of theft cases by children in the family". The problem of the study is about how the application and effectiveness of Police Discretion outside the Court in resolving theft cases by children in the family. In this research, the authors used legal research with an empirical juridical approach by using primary data sources obtained from interviews with National Police investigators and secondary data sources obtained by searching literature such as laws, books and legal dictionaries. The research method used isqualitative data analysis to obtain descriptive analytical data from the sources of data obtained. The conclusion is that there is no regulation which becomes the legal basis for the National Police to settle criminal cases by applying Restorative Justice approaches, especially in the crime of theft committed by child.           Keywords: Discretion, Court, Police, Theft, child
Analisis Perbuatan Melawan Hukum dalam Perjanjian Konsesi Pelabuhan (Studi Kasus: Putusan Pengadilan Negeri Jakarta Utara Nomor 70/Pdt.G/2018/Pn.Jkt Utr) Jeffry P Samosir
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p105-133

Abstract

Acts against the law have a wider scope than criminal acts. Provisions regarding acts against the law are regulated in Article 1365 of the Civil Code which states "every act against the law that brings harm to others, obliges the person because of the mistake of issuing the loss, compensating the loss". In the North Jakarta District Court Decision Number 70/Pdt.G/2018/Pn.Jkt Utr) "The judge stated that PT. Karya Citra Nusantara and the Ministry of Transportation have committed acts against the law to PT. Kawasan Berikat Nusantara by entering into a concession agreement Number HK.107/1/9 KSOP.Mrd-16 Number 001 / KCN KSOP/ Concession/XI/2016 concerning Exploitation of Port Services at the PT Karya Citra Nusantara Public Terminal in Marunda Port. There are three problem formulations in this study including; (1) What is the legal provisions for the port concession agreement in Indonesia? (2) Is the North Jakarta District Court Decision in accordance with the provisions of the law in force in Indonesia? (3) What is the legal effect of the investment made by investors against PT. Karya Citra Nusantara based on the North Jakarta District Court Decision? Based on the three formulation of the problem, the writer conducts an analysis of unlawful acts in the concession agreement based on the decision of the North Jakarta District Court Number 70/Pdt.G/2018/Pn.Jkt Utr". This study uses a type of legal/juridical research approachKeyword: Act against the law, Agreement Concession, Decision, Investment, Company
Pajak Daerah dan Restribusi Daerah (PDRD) Dikaitkan dengan Pertumbuhan Investasi Fernando Hariandja
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p154-183

Abstract

Tax has a very important role in the life of the country, especially in the implementation of development. Tax revenue is the payment of contributions by the people to the government that are regulated in the law without direct compensation. As is the case with central government taxes, Regional Taxes have an important role in implementing state/government functions, both in the functions of regulation, budgeting, redistributive, and allocation of resources and a combination of the four. A good local tax in principle must provide adequate income for regions with the level of fiscal autonomy they have. Some regions do accommodate the function of revenue and regulation in the formulation of Regional Tax policies. The step that has not been widely considered by the regions is the provision of Regional Tax incentives to attract investment in the regions. In the current era of regional autonomy, regions are given greater authority to regulate and manage their own households. The aim is to bring government services closer to the community. Anyway, President Joko Widodo often complained about the small value of investment coming into Indonesia, one of which is caused by the irrationality of the Regional Tax rates in the eyes of investors. This paper analyzes what policies the government has taken towards PDRD, which are considered to have many of these problems to increase investment growth in Indonesia. To overcome this, the government has made several efforts, one of which is to establish the Omnibus Law. However, the formation of the Omnibus Law itself actually unwittingly has the potential to erode the regional authority to look for sources of locally-generated revenue (PAD). If PAD is reduced, automatically the level of regional dependence on funds from the central government will be even greater, and if PAD is low, then the level of local government public service to the community is also feared to be reduced.
Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia Muhammad Syukur
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p184-214

Abstract

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyzes the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax, on the grounds that they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers. Keywords:       Covid-19 donations, tax incentive, human rights.
Optimalisasi Pengawasan pada Penerimaan Pendaftaran Merek dalam Rangka Perlindungan Merek FEBRI NOOR HEDIATI
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The writing of this law examines the supervision of the Directorate General of Intellectual Property of the Ministry of Law and Human Rights in the process of receiving trademark registration which is still weak. So that until now there are still identical or counterfeit brands that have passed trademark registration in Indonesia. This paper uses a normative juridical research method that is descriptive-analytical. The result of this research is that there are still gaps that can be exploited by individuals in the process of trademark registration, especially in the process of announcing the official brand news. This paper concludes the need for tighter supervision by utilizing information technology, therefore creating a smartphone application is useful for the trademark registration process and as a medium of communication. The application can also provide notifications when brands validity period ends.
Keadilan Substantif Dalam Proses Asset Recovery Hasil Tindak Pidana Korupsi Ade Mahmud; Chepi Ali Firman Z; Husni Syawali; Rizki Amrulloh; Weganisa
Jurnal Suara Hukum Vol. 3 No. 2 (2021): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n2.p227-250

Abstract

The problem of returning assets in cases of corruption act still displays the face of procedural justice and is far from substantive justice, because the value of state losses in many cases are not returned in full and the perpetrator is punished with minor crimes. This study uses a normative juridical approach using secondary data which is analyzed qualitatively because it does not use mathematical formulas and numbers. The urgency of returning assets resulting from criminal acts of corruption is based on the reasons for preventing assets from being used to commit other crimes in the future, the reasonableness that morally the perpetrators of the crime do not deserve to control assets illegally acquired, the priority reasons are based on the valuation of assets controlled by the perpetrator. social rights and reasons of ownership that the state has an interest in taking assets controlled by the perpetrator against the law. The progressive legal model for expropriation of asset recovery takes the form of (a) tracing assets and freezing and confiscating assets of the perpetrator regardless of whether or not they are related to the criminal act of corruption. (b) the application of the burden of proof is reversed. (c) the judge imposes a verdict in the form of a penalty of substitute money without being subject to imprisonment, this decision is based on a guarantee for repayment of replacement money for the assets that have been confiscated. Keywords: Substantive Justice, Asset Recovery. Corruption.
Islamic Banking Sharia Compliance on Currency Transactions Musthofa Faruq
Jurnal Suara Hukum Vol. 3 No. 2 (2021): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n2.p407-426

Abstract

Sharia banking is one of the alternatives in the development of the financial world to develop a financial pattern based on Islamic law. In carrying out its activities, Sharia banking must follow legal compliance with the principles of Sharia or compliance, because Islamic banks are based on Islamic law, they must operate by following Islamic Sharia, especially those concerning the procedures for Islam. Sharia compliance is a form of Islamic bank accountability in disclosing compliance with sharia principles, where it is a manifestation of the fulfillment of all sharia principles in institutions in the form of characteristics, integrity and credibility of Sharia banks. One of the products of Islamic banking services is currency transactions. Through the fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) currency transactions has been given a Sharia basis that is in accordance with Islamic law and positive Indonesian law, so that Islamic banks can carry out currency transactions with follow the provisions stipulated both by the DSN-MUI as well as in Sharia and fiqh, because basically in the Sharia currency trading is allowed as long as it does not violate the provisions: not for speculation (chancy); there is a need for a transaction or just in case (savings); if the transaction is made against similar currencies, the value must be the same and in cash; and if different types, it must be done at the exchange rate prevailing at the time of the transaction and made in cash.
Tinjauan Kriminologi Dalam Tindakan Penipuan Ecommerce Berdasar Peraturan perundang-undangan Pada Masa Pandemi Covid19 di Indonesia Aulia Putri Fadhila
Jurnal Suara Hukum Vol. 3 No. 2 (2021): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n2.p274-299

Abstract

Perkembangan dunia teknologi saat ini membuat hampir segala aspek kehidupan menjadi virtual serta terjadinya pandemic Covid-19 yang membatasi pergerakan manusia untuk berada diluar atau berinteraksi secara langusung membuat segalanya pun serba virtual dan memicu penggunaan media elektronik dalam bidang perdagangan atau jual beli menjadi lebih masif. Jual beli online memberikan keutungan tersendiri, terutama dalam masa pandemic seperti ini yang membuat adanya batasan social karena jual beli online tidak membutuhkan para pihak untuk membuat perjanjian konvensional dan saling bertatap muka. Kemudahan jual beli online juga memiliki dampak negatif, salah satunya yaitu maraknya praktik penipuan secara online sebagai bentuk perkembangan tindak pidana penipuan.Pada hakikatnya aturan hukum yang dibuat adalah untuk mengatur dan mengantisipasi agar hal-hal tertentu tidak dilakukan oleh seseorang atau boleh dilakukan kemudian dalam hal ini dikatikan pada hal-hal yang tidak boleh dilakukan seperti penipuan online namun rupanya masih banyak orang yang tidak mengehiraukan peraturan dan tetap melalukan perbuatan tindak pidana tersebut hal ini semakin membuat angka penipuan online mengalami peningkatan dan disisi lain pun masih lemahnya pengawasan serta validasi terhadap para pihak yang merupakan penjual online serta penegakan hukum atas tindak penipuan online.

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