cover
Contact Name
M Fauzi
Contact Email
fauzi.sh@gmail.com
Phone
+6281350004080
Journal Mail Official
risalahhukum@gmail.com
Editorial Address
Jl. Sambaliung, Gunung Kelua, Samarinda
Location
Kota samarinda,
Kalimantan timur
INDONESIA
Risalah Hukum
Published by Universitas Mulawarman
ISSN : 0216969X     EISSN : 27233766     DOI : https://doi.org/10.30872/risalah
Core Subject : Social,
Jurnal Risalah Hukum merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Mulawarman sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
Search results for , issue "Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022" : 10 Documents clear
Pemisahan Penyelenggaraan Pemilu Serentak Tingkat Nasional Dan Daerah Sri Asriana; Rosmini; Ine Ventyrina
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.586

Abstract

General election regulations simultaneously raise problems at the level of implementation, because they are considered not to show effectiveness and efficiency in the implementation of general elections in accordance with the purpose of the establishment of these regulations. Therefore, the implementation of the general election regulations simultaneously needs to be reviewed based on the initial objective of issuing the Constitutional Court Decision Number 14/PUU-XI/2013 concerning Simultaneous General Elections, and refers to the implementation of simultaneous general elections in 2019. The research method used in This research is doctrinal, which contains a normative character. There are implications for the implementation of simultaneous elections, it is necessary to construct a law to separate general elections simultaneously at the national and regional levels in 2024 with the implementation of two elections within five years, making it easier for voters to cast their votes, easing the burden on organizers, and optimizing the campaigns of political parties and candidates in the regions. The results of the national elections strengthen the presidential system at the national level, while the results of the regional elections will strengthen local government. Keywords: Election, Simultaneous, Formulation
Analisis Yuridis Tingkat Kepatuhan Membayar Pajak Masyarakat Indonesia Gerald Samuel
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.650

Abstract

The development of a country is determined by the community and the government that regulates it. If the government makes good laws and regulations, the community will always comply with these regulations. Taxes are things that are regulated in laws and regulations. In this case, taxes are an obligation for the community to pay them. The type of research in the legal article entitled Juridical Analysis of the Compliance Level of Paying Taxes for the Indonesian Society is doctrinal or normative legal research. Taxes themselves have essential benefits for the development of the Indonesian state because taxes are a source of state treasury income which is ultimately used for public welfare. This study aims to determine the benefits of taxes, government efforts, and the influence of the Indonesian people's understanding of the importance of paying taxes to create public welfare in Indonesia. Keywords: tax; taxpayer; tax benefits; awareness of paying taxes; tax compliance
Perbedaan Penerapan Pendekaran Per se Illegal Dan Rule of Reason Dalam Putusan KPPU Tentang Kartel Penetapan Harga Dimas Aryadiputra; Deny Slamet Pribadi; Aryo Subroto
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.753

Abstract

The emergence of an economic impact analysis in the decision of the price fixing cartel case in Article 5 of the UULPM which should use the approach in that article is Per se Illegal, including Decision No. 08/KPPU-L/2018, Decision No. 04/KPPI-I/2016, Decision No. 32/KPPU-L/2008, Decision No. 26/KPPU-L/2007, and Decision No. 02/KPPU-I/2003 by analyzing the use of a single Per se Illegal approach in the decision of the price fixing cartel case in ensuring legal certainty. The approach in this study uses doctrinal research. From the results of the analysis of the decision related to the price fixing cartel in the consideration of the commission assembly, it has been found in the form of economic evidence/economic analysis which is a characteristic of the Rule of Reason approach to the reasons for the emergence of the economic analysis not being explained explicitly and clearly by the commission assembly, regarding the assessment that can be made. carried out by the KPPU regarding the agreement in Article 5 of the UULPM, economic evidence may appear if the requirement to prove the agreement is difficult to find. Legal considerations using the Per se Illegal approach as the sole approach in the KPPU's decision related to price fixing cartels in ensuring legal certainty, this has been in line with what is positively regulated in Article 5 of the UULPM wherein the provision contains the phrase "prohibited" on behavior and the resulting impact. must be wrong or illegal so that it does not need further analysis. Keywords: per se illegal; rule of reason; price fixing cartel
Peraturan Pemeliharaan Anak Dalam Hukum Adat Bali Akibat Perceraian Putusan No.36/Pdt.G/2016/Pn.Ng Lisa Aprilia Gusreyna; Siti Kotijah
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.806

Abstract

In Hinduism, divorce is highly avoided, because it is an act of Adharma or sin. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to develop child care in Balinese customary law due to divorce. Second, the writer wants to analyze the decision No.36/PDT.G/2016/PN.Ng. Based on the results of the study, it can be said that the Balinese patrilinear system is the basis for the struggle for children's rights, as a result of divorce both purusa custom, Hindu religion, and the Supreme Court decision No.36/PDT.G/2016/PN which places a man, namely the father. as a babysitter. Keywords: divorce; balinese customs; child care
Kapasitas Pemerintahan Afghanistan Rezim Taliban Baru Sebagai Peserta Dalam Perjanjian Internasional Miko Aditiya Suharto; Maria Novita Apriyani
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.818

Abstract

The decision by the United States and NATO to withdraw troops from Afghanistan is a golden opportunity for the ultraconservative political factions (Taliban) to take back their control of Afghanistan. This military invasion by the United States and NATO has caused a humanitarian tragedy and an extraordinary humanitarian crisis in Afghanistan since 2001 ago. The Taliban took control of the government in Afghanistan after the United States and NATO withdrew their troops from Chief Ashraf Ghani. This article is a legal scientific article that has been normatively researched, the approaches used in writing this article include the statutory approach and case studies (not a case approach). This article discusses the legitimacy of the occupation of the Afghan government by the Taliban regime, as well as the legal consequences that arise from international agreements that have been made and run from the previous government regime. Conclusion This Scientific Article states that the Status of the Government of Afghanistan by the Taliban is a Succession of Government and is legal under international law and the impact of this succession makes the current Regime Government a Successor of the previous government, so that the Rights & Obligations of the existing International Agreements remain binding on the State of Afghanistan even though it has been change government regime. Keywords: succession, taliban regime, afghanistan, international law
Pemisahan Penyelenggaraan Pemilu Serentak Tingkat Nasional dan Daerah Sri Asriana; Rosmini; Ine Ventyrina
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.586

Abstract

General election regulations simultaneously raise problems at the level of implementation, because they are considered not to show effectiveness and efficiency in the implementation of general elections in accordance with the purpose of the establishment of these regulations. Therefore, the implementation of the general election regulations simultaneously needs to be reviewed based on the initial objective of issuing the Constitutional Court Decision Number 14/PUU-XI/2013 concerning Simultaneous General Elections, and refers to the implementation of simultaneous general elections in 2019. The research method used in This research is doctrinal, which contains a normative character. There are implications for the implementation of simultaneous elections, it is necessary to construct a law to separate general elections simultaneously at the national and regional levels in 2024 with the implementation of two elections within five years, making it easier for voters to cast their votes, easing the burden on organizers, and optimizing the campaigns of political parties and candidates in the regions. The results of the national elections strengthen the presidential system at the national level, while the results of the regional elections will strengthen local government. Keywords: Election, Simultaneous, Formulation
Analisis Yuridis Tingkat Kepatuhan Membayar Pajak Masyarakat Indonesia Gerald Samuel
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.650

Abstract

The development of a country is determined by the community and the government that regulates it. If the government makes good laws and regulations, the community will always comply with these regulations. Taxes are things that are regulated in laws and regulations. In this case, taxes are an obligation for the community to pay them. The type of research in the legal article entitled Juridical Analysis of the Compliance Level of Paying Taxes for the Indonesian Society is doctrinal or normative legal research. Taxes themselves have essential benefits for the development of the Indonesian state because taxes are a source of state treasury income which is ultimately used for public welfare. This study aims to determine the benefits of taxes, government efforts, and the influence of the Indonesian people's understanding of the importance of paying taxes to create public welfare in Indonesia. Keywords: tax; taxpayer; tax benefits; awareness of paying taxes; tax compliance
Perbedaan Penerapan Pendekaran Per se Illegal dan Rule of Reason dalam Putusan KPPU tentang Kartel Penetapan Harga Dimas Aryadiputra; Deny Slamet Pribadi; Aryo Subroto
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.753

Abstract

The emergence of an economic impact analysis in the decision of the price fixing cartel case in Article 5 of the UULPM which should use the approach in that article is Per se Illegal, including Decision No. 08/KPPU-L/2018, Decision No. 04/KPPI-I/2016, Decision No. 32/KPPU-L/2008, Decision No. 26/KPPU-L/2007, and Decision No. 02/KPPU-I/2003 by analyzing the use of a single Per se Illegal approach in the decision of the price fixing cartel case in ensuring legal certainty. The approach in this study uses doctrinal research. From the results of the analysis of the decision related to the price fixing cartel in the consideration of the commission assembly, it has been found in the form of economic evidence/economic analysis which is a characteristic of the Rule of Reason approach to the reasons for the emergence of the economic analysis not being explained explicitly and clearly by the commission assembly, regarding the assessment that can be made. carried out by the KPPU regarding the agreement in Article 5 of the UULPM, economic evidence may appear if the requirement to prove the agreement is difficult to find. Legal considerations using the Per se Illegal approach as the sole approach in the KPPU's decision related to price fixing cartels in ensuring legal certainty, this has been in line with what is positively regulated in Article 5 of the UULPM wherein the provision contains the phrase "prohibited" on behavior and the resulting impact. must be wrong or illegal so that it does not need further analysis. Keywords: per se illegal; rule of reason; price fixing cartel
Peraturan Pemeliharaan Anak dalam Hukum Adat Bali Akibat Perceraian Putusan No.36/Pdt.G/2016/Pn.Ng Lisa Aprilia Gusreyna; Siti Kotijah
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.806

Abstract

In Hinduism, divorce is highly avoided, because it is an act of Adharma or sin. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to develop child care in Balinese customary law due to divorce. Second, the writer wants to analyze the decision No.36/PDT.G/2016/PN.Ng. Based on the results of the study, it can be said that the Balinese patrilinear system is the basis for the struggle for children's rights, as a result of divorce both purusa custom, Hindu religion, and the Supreme Court decision No.36/PDT.G/2016/PN which places a man, namely the father. as a babysitter. Keywords: divorce; balinese customs; child care
Kapasitas Pemerintahan Afghanistan Rezim Taliban Baru sebagai Peserta dalam Perjanjian Internasional Miko Aditiya Suharto; Maria Novita Apriyani
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.818

Abstract

The decision by the United States and NATO to withdraw troops from Afghanistan is a golden opportunity for the ultraconservative political factions (Taliban) to take back their control of Afghanistan. This military invasion by the United States and NATO has caused a humanitarian tragedy and an extraordinary humanitarian crisis in Afghanistan since 2001 ago. The Taliban took control of the government in Afghanistan after the United States and NATO withdrew their troops from Chief Ashraf Ghani. This article is a legal scientific article that has been normatively researched, the approaches used in writing this article include the statutory approach and case studies (not a case approach). This article discusses the legitimacy of the occupation of the Afghan government by the Taliban regime, as well as the legal consequences that arise from international agreements that have been made and run from the previous government regime. Conclusion This Scientific Article states that the Status of the Government of Afghanistan by the Taliban is a Succession of Government and is legal under international law and the impact of this succession makes the current Regime Government a Successor of the previous government, so that the Rights & Obligations of the existing International Agreements remain binding on the State of Afghanistan even though it has been change government regime. Keywords: succession, taliban regime, afghanistan, international law

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