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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Sophian Selajar; Rifkiyati Bachri; Nabila N
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.628 KB)

Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity
HUMAN RIGHTS AND LEGAL PROTECTION FOR VICTIMS OF RAPE IN INDONESIA'S LEGAL FRAMEWORK Siti Syahida Nurani
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1114.698 KB) | DOI: 10.33387/klj.v5i1.3769

Abstract

The issue of Human Rights (HAM) is becoming an increasingly important agenda, the international community continues to urge all member states of the United Nations to take various steps and actions, including making laws to eliminate discrimination and violence against women. Indonesia's policy to ratify the global law mentioned above, is suspected by the rampant problems of violence faced by almost every nation and country on this earth.  The research methodology used is library research which is carried out by searching, taking an inventory and studying laws and regulations, doctrines, and other secondary data, which are related to the focus of the problem. in the legal framework Indonesia has provided guarantees for human rights (both women and men) as stated in the second amendment of the 1945 Constitution of Article 28 A-J and Law No. 39 of 1999 on Human Rights. UU no. 7 of 1984 concerning the Elimination of Discrimination Against Women or the Ratification of the Women's Convention, which states that the state will make maximum efforts to eliminate all forms of discrimination against women, including violence against women, in particular sexual violence is regulated in the Child Protection Law and the Criminal Code, while other forms of protection for victims of sexual crimes.
The Urgency of Granting Authority of Judiciary Institutions in Dispute) Effectiveness of Duties and Functions of Civil Service Police as Law Enforcers of Regional Regulations in Ternate City fahria fahria; Muhammad Mufti M Djafar
Khairun Law Journal Vol 4, No 2 (2021): Maret 2021
Publisher : Faculty of Law, Khairun University

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Abstract

Ternate City Government in its efforts to make Ternate City a cultured, religious, harmonious, independent, just and environmentally friendly city in accordance with the vision of its government, of course, requires regional apparatus that work effectively and optimally in order to realize the vision of the government. One of the regional apparatus is the Civil Service Police Unit (Satpol PP), which according to the mandate of the laws and regulations has the function and duty of maintaining and carrying out public order and order, including its function of enforcing regional laws in Ternate City. A number of Ternate City regional regulations that are enforced with the aim of creating peace and public order, such as controlling street vendors, squatters, street children and others, of course, must be supported by the effectiveness of the duties and functions of the Satpol PP of the Ternate City Government.In previous studies on the topic of the existence of Satpol PP duties and functions, there has not been a single research study that has questioned the effectiveness of Satpol PP's duties and functions as law enforcer of local regulations, so it can be said that the study to be investigated by this researcher is still a relatively problem. has never been studied by previous researchers. Therefore, it can be said that this research has a novelty and originality side.The general objective of this research is to examine in depth the form of effectiveness of Satpol PP's duties and functions as law enforcer of regional regulations in Ternate City. Meanwhile, the specific objectives of research on this topic are expected to become material for recommendations for local governments and / or stakeholders in fixing and establishing policies (policies) related to the existence of Satpol PP as law enforcers of regional regulations.The method in this study uses a socio-juridical research type with a qualitative research type. Research with the socio-juridical type was used with the reason to identify the form of effectiveness of the Satpol PP's duties and functions as law enforcers of regional regulations in Ternate City. The nature of this research is exploratory in nature which aims to test whether there is a cause and effect relationship between the various problem variables under study. While the approach in this research is to use a conceptual approach (conceptual approach) and a legal instrument approach (statute approach). Data collection techniques in this study were carried out by collecting primary and secondary legal materials in the form of legal policy regulations that regulate the duties and functions of Satpol PP and interviews with informants who are considered relevant to the problems being studied.The research stages in the form of data tracing, data processing, and data completion of research results will be carried out for 6 (six) months in 1 (one) year running period. The mandatory output from the results of this research is in the form of publications in national journals that are ISSN online. Meanwhile, the tentative additional output is in the form of enrichment of teaching materials
Putusan Pengadilan Tindak Pidana Korupsi yang Menerobos Ketentuan Pidana Minimum Khusus sebagai Bentuk Penemuan Hukum oleh Hakim Suwito Suwito
Khairun Law Journal Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

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Abstract

Perlindungan Hukum Pelayanan Sampah Terhadap Masyarakat Pembayar Retribusi di Kota Ternate Rosida Rosida; Rusdin Alauddin; Irham Rosyidi
Khairun Law Journal Volume 3 Issue 2, March 2020
Publisher : Faculty of Law, Khairun University

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Abstract

Perda nomor 1 tahun 2013 tentang Persampahan, Perda nomor 11 tahun 2011 tentang Retribusi dan Perda nomor 4 tahun 2016 tentang Bantuan Hukum untuk orang miskin dan Perwali nomor 41.A tahun 2017 tentang petunjuk pelaksana Perda nomor 4 tahun 2016 belum tersosialiasi secara maksimal, sehingga proses sampah ialah pengumpulan, pengangkutan dan pemusnahan. Selain itu, pemberian layanan persampahan untuk mengankut sampah warga masih di anggap belum merata karena pemberian layanan sampah dan ketersediaan fasilitas sarana parasana sampah di masing-masing kelurahan belum merata serta tidak adanya tempat pengaduan layanan di kantor kelurahan. Pelayanan dan pengelolaan sampah masih perlu peningkatan, terutama ketersediaan fasilitas sarana dan prasarana pengelolaan sampah yang terbatas serta lemahnya peran pemerintah dengan kurangnya sosialisasi perda Persampahan dan Perda Bantuan Hukum untuk orang miskin serta minimnya kesadaran masyarakat untuk pengelolaan sampah. Belum adanya tempat pengaduan di masing-masing kelurahan untuk menyampaikan aduan tentang pelayanan sampah. Selaian itu ketersediaan jumlah fasilitas operasional dan satgas (Mobil dan karyawan) pelayanan sampah masih sangat terbatas sehingga mempengaruhi waktu jam kerja pelayanan.
The Role of Police Investigators in the Process of Investigating the Criminal Act of the Laromabati Village Office (Case Study of the South Halamahera Resort Police) Fahrid Galitan; Ridjal Junaidi Kotta; Nam Rumkel
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

The crime of destruction of public facilities that occurred in the legal area of South Halmahera Police Station is the destruction of the Village Office of Laromabati, the crime of destruction has been regulated in Article 170 of the Criminal Code. This study uses an empirical legal approach, with research locations in South Halmahera District Police and in Laromabati Village, North Kayoa District, South Halmahera District. Sources of data obtained from primary data or data obtained directly and secondary data obtained from several books and other documents. Data collection techniques namely by interviewing directly to law enforcement officials who directly handle cases of damage to the Laromabati Village Office. The results of this study were carried out with the fact of the destruction of the Laromabati Village Office. The role of South Halmahera District Police investigators is to carry out law enforcement through investigations and investigations in order to find and collect evidence which with clear evidence of criminal acts and finding suspects. Whereas the form of handling of South Halmahera Police investigators in the case of the destruction of the Laromabati Village Office was influenced by factors of law enforcement officials and the low awareness of the community's law.
Formulative policy for managing marine and fishery resources in the management of destructive fishing (Case study of the fisheries and marine services of north maluku province) Faisal Faisal; Jamal Hi Arsad
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.3845

Abstract

This study aims to analyze and examine the design of formulative policies for handling marine and fishery resources in overcoming the criminal act of destructive fishing in North Maluku and to find out the functionalization of the fisheries and marine service of North Maluku Province in overcoming the crime of destructive fishing. This research is an empirical legal research. The technique of collecting data in this research is through library research and field studies, namely conducting interviews. The results show that the design of formulative policies for handling marine and fishery resources in overcoming the criminal act of destructive fishing in North Maluku implies the need to restore the function of criminal law as the ultimum remedium. These alternative sanctions can be in the form of action sanctions that lead to social, economic improvements, and repairs to damage to fish resources and their ecosystems due to destructive fishing practices. Thus, as one of the fisheries crime that is rife in North Maluku, it must be minimized through partnerships forged by stakeholders in the marine and fisheries sector as well as coastal communities.
JURIDIC REVIEW ON THE MAINTENANCE OF LABOR HEALTH THROUGH THE BPJS PROGRAM Dito Pratama; Zahira Shaharani; Abdallah Ibrahimi
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5436

Abstract

Health Care Insurance is a form of health protection guarantee, with the intention that participants get health benefits or protection to meet health needs for everyone who has paid their dues or whose contributions have been borne by the government. National Social Security is a government and community plan designed to determine the amount of social welfare protection for all people in order to meet their needs and social welfare. The Social Security Administering Body (BPJS) is the institution that manages or operates the National Social Security System Plan (SJSN). But the form of implementation in BPJS is that many health insurance services are provided to participants whose needs are limited. This health service is needed by the community to overcome their health problems. With this research aims to be able to determine the health care insurance for workers associated with optimal health services for workers. In addition, it is also known the form of services provided by BPJS in protecting some rights to the health of workers.
THE IMPACT OF COVID – 19 ON LEGAL EDUCATION IN INDONESIA rifana heningtyas; Sofyan Wimbo Agung Pradnyawan
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5615

Abstract

Indonesia is one of the countries infected with the Covid-19 pandemic. Corona virus 2019 (COVID-19) is an infectious disease caused by acute corona virus 2 respiratory syndrome (SARS-CoV-2). So that the impact on the community and students can not meet directly on campus or in public places. Based on Nielsen's research entitled "Race Against the Virus, the Indonesian Consumer Response towards COVID-19" revealed that as much as 50% of Indonesian people began to reduce activities outside the home, and 30% of them said that they planned to shop more frequently online. Likewise, teaching and learning activities are carried out from home and even work is done from home with the aim of reducing Covid-19 epidemic. 
LEGAL PROTECTION FOR CONSUMERS IN THE CASE OF EXCESS SPEED BOAT CAPACITY AT DUFA PORT – DUFA fathurrahim Fathurrahim
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5434

Abstract

In a carriage agreement, the position of the parties, namely the carrier and the service user, is equal. As for the things that can cause harm to passengers due to the fault of the carrier, among others, accidents caused by the negligence of the captain, conditions of transportation that are not suitable for use, or due to lost or damaged passenger luggage. The government should increase the socialization activities of Law no. 17 of 2008, both to sea transportation operators and to the wider community as users of sea transportation services, so that legal protection efforts against sea transportation service users (passengers) as regulated in Law no. 17 of 2008 can actually be implemented by all sea transportation companies.

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