Journal Evidence Of Law
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
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<![CDATA[ANALISIS HUKUM PENYELESAIAN KERUGIAN NEGARA DITINJAU DALAM PERSPEKTIF HUKUM PIDANA ]]>
<![CDATA[Siswan Idris]]>;
<![CDATA[Yusrianto Kadir]]>;
<![CDATA[Robby W. Amu]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.359
<![CDATA[This study aims to determine and analyze the process and mechanism for resolving State Financial Losses in the Perspective of Criminal Law and to determine and analyze the application and legal settlement of the findings of the Supreme Audit Agency of the Republic of Indonesia (BPK RI) on the occurrence of state financial losses in state financial management. This research uses library data (library research) to obtain theoretical or doctrinal conceptions, opinions or conceptual thoughts from previous research related to the objects examined in this study which can be in the form of laws and regulations, books, scientific works, papers and other works. The results of the research show that the existence of Article 4 of the PTPK Law as the basis for law enforcement of corruption that harms state finances is to emphasize that when state financial losses have switched or entered the realm of criminal law, the return of financial losses does not eliminate the criminal liability of the perpetrators of corruption that harms state finances and the Supreme Audit Agency Regulation Number 3 of 2007 concerning Procedures for Settling State Losses Against Treasurers starts from handling initial information, which starts with information on state / regional losses then proceeds with the formation of the State Loss Settlement Team (TPKN); then Examination by the Supreme Audit Agency; Settlement through Certificate of Absolute Responsibility (SKTJM); Settlement through Decision Letter of Deadline Determination (SKPBW); and Settlement through Encumbrance Decision Letter (SKP).]]>
<![CDATA[BADAN PENYELENGGARA JAMINAN SOSIAL KETENAGAKERJAAN BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2004 TENTANG SISTEM JAMINAN SOSIAL NASIONAL ]]>
<![CDATA[Ahmad Andrika]]>;
<![CDATA[Ibrahim Ahmad]]>;
<![CDATA[Arifin Tumuhulawa]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.364
<![CDATA[The purpose of this study is to determine and analyze the Implementation of Policies Towards the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System and to determine and analyze the Form of Application of Administrative Sanctions Against Business Entities or Non-Governmental Institutions That Do Not Run the Employment Social Security Organizing Agency Program. In this study the authors used normative research methods, namely legal research conducted by means of literature review and study of legislation. In this research what is studied is legal events, legal relationships and objects of law. Implementation of Policies on the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System, namely the Government, among others, has made implementing regulations of the Act, has also continuously carried out all orders of the legislation. From the implementation of the Law, the labor social security program is a basic protection for workers and their families and can provide legal certainty. However, the practice of charging routine contributions by the BPJS as well as the imposition of sanctions on citizens is what actually denies the main principle of the social security system which should be borne by the state as the principle of the welfare state which is then transferred to the burden of citizens as well as accompanied by sanctions if citizens do not want to register as / participate in insurance organized by BPJS. Thus, it can be said that the Government has not succeeded in implementing the national social security system in realizing community welfare.]]>
<![CDATA[ANALISIS PENERAPAN UNDANG – UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK DI SEKRETARIAT DAERAH KABUPATEN BOLAANG MONGONDOW UTARA ]]>
<![CDATA[Erwin Talibo]]>;
<![CDATA[Rustam Hs. Akili]]>;
<![CDATA[Ramdhan Kasim]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.365
<![CDATA[The purpose of the study was to find out the implementation of Law Number 25 of 2009 concerning Public Services in North Bolaang Monondow Regency. To find out what factors influence the implementation of Law Number 25 of 2009 in North Bolaang Mongondow Regency. In this study the authors used the Empirical research method. the authors conducted direct and structured research. The data analysis used in this research is qualitative analysis. Qualitative data is raw data from the empirical world. Qualitative data is raw data from the empirical world. Qualitative data is in the form of detailed descriptions, direct quotes and case documentation. So the problem is because in providing public services to the community has not implemented minimum standards so that many people feel that they have not received the services they should get. This situation causes the community as recipients or users of public services to be unsatisfied, causing many people to feel dissatisfied, so they are reluctant to take care of everything related to the government bureaucracy. As a result, there are many people who try to take shortcuts by violating existing regulations.]]>
<![CDATA[PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DALAM KASUS TINDAK PIDANA KORUPSI ]]>
<![CDATA[Jaqub Biahimo]]>;
<![CDATA[Yusrianto Kadir]]>;
<![CDATA[marten bunga]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.375
<![CDATA[To Analyze the Regulation of Fish Theft and FAD Settlement According to the Provisions of Indonesian Legislation. To Analyze the Criminological Review of the Enforcement of Theft and Damage to FADs.In this study the author, using Empirical research methods. The data sources used in this research are primary and secondary data. The author uses direct observation and interview data collection techniques. In this research, the author analyzes the data using quantitative methods, namely analyzing the data and providing relevant explanations, the problem is discussed further research and analysis is carried out and makes it a conclusion. The problem in Gentuma Subdistrict is that some fishing boats have more FADs than the regulations stipulated in the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 18 of 2021 so that when there is a problem of fish theft, it cannot be processed because the procedure for releasing fishermen's FADs has violated the rules. Facts have shown that fisheries crime has become a very threatening act to Indonesia's natural resources because it has a detrimental impact on society and the state. This is a threat to the survival of the community and the state because it can damage the environmental ecosystem and also damage the existence of living things in the sea.]]>
<![CDATA[KAJIAN YURIDIS KEKALAHAN PEMERINTAH REPUBLIK INDONESIA ATAS GUGATAN UNI EROPA TERHADAP PENGHENTIAN EKSPOR BIJIH NIKEL PADA SIDANG WTO ]]>
<![CDATA[Andri Sutrisno]]>;
<![CDATA[Ridwan Hardiawan]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.376
<![CDATA[The World Trade Organization (WTO) was formed in 1995. The WTO is an intergovernmental organization with the aim of promoting increasingly open trade between nations by reducing or eliminating tariff and non-tariff barriers. Indonesia is one of the members of the WTO. One of Indonesia's flagship products is Nickel. Currently, nickel is in demand as one of the components in the production of lithium-ion batteries. Indonesia is one of the world's largest producers of nickel. Through the mandate of the Mineral and Coal Law No. 4 of 2009 and its implementing regulations, the Indonesian government has imposed a halt on the export of nickel ore. The European Union, as the recipient of these exports, has raised objections and filed a complaint with the WTO. Indonesia faced defeat in the ruling of the case. Consequently, Indonesia has filed an appeal against the loss. Therefore, what are the provisions of International Trade Law regarding the unilateral cessation of Nickel Ore exports by the Indonesian government to the European Union, and how should the Indonesian government address the complaint regarding the restriction on nickel ore exports to the European Union.]]>
<![CDATA[Kewenangan Pemerintah Daerah dalam Pelaksanaan Pengawasan terhadap Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun ]]>
<![CDATA[Dwiluna Setiaprameswari]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.440
<![CDATA[This study aims to describe the authority of the Regional Government in supervising and controlling the feasibility of building functions and to analyze or describe the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the government. The type of method in this research is normative legal research, namely research conducted by examining laws and regulations, legal concepts, and legal theory to be applied to a particular problem. The results of this study are to determine the limits of the authority of the Regional Government in supervising the formation of associations of apartment owners and occupants and the imposition of sanctions on the formation of associations of apartment owners and occupants based on the results of supervision flat occupants. In the management of flats, it is necessary to regulate the interests of the owners and occupants through an association of flat owners formed by the flat owners in order to realize the right of every person to meet the needs of a decent life and a safe place to live. life. In this regard, the government's role in terms of supervision is very important as a control in ensuring the formation of associations of apartment owners and tenants.]]>
<![CDATA[Hak Waris Anak Hasil Surogasi Menurut Peraturan Perundang–Undangan di Indonesia ]]>
<![CDATA[Shanaz Ruby Harland]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.468
<![CDATA[The aim of this research is to find out whether there are women who do not have a uterus or cannot undergo pregnancy due to medical indications and want to have children and what the legal status of inheritance is regarding the surrogate mother. This paper uses a normative method by analyzing and using a legal approach regarding the data sources used, namely secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials (Hadi, 1990). The data collection method uses literature study and review of applicable legal regulations. The data analysis carried out by the author is qualitative analysis. The results of the research show that renting a womb cannot be carried out in Indonesia because it violates Law Number 1 of 1974 concerning marriage, where to obtain legal offspring there must be a marriage bond. This applies if the surrogate woman is a widow or maiden. Womb rental also violates Article 72. Law Number 36 of 2009 concerning Health, the womb rental agreement/agreement from a civil law perspective is considered invalid because it violates the essence of the object of the agreement/agreement. The inheritance status of children resulting from renting a womb in the perspective of Islamic law is that children resulting from renting a womb are classified as illegitimate children who are not recognized or children resulting from adultery, if the surrogate mother has the status of a widow or girl, because in inheritance law which causes inheritance between the heir and the heir, namely there is a kinship and marriage relationship, while a child born to a surrogate mother does not have a marriage relationship.]]>
<![CDATA[Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup ]]>
<![CDATA[Ferdinand Donu Bani]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.469
<![CDATA[This study aims to determine how the role of penal mediation as an alternative in solving environmental crimes outside the court, as well as to determine the construction of penal mediation as an alternative to solving environmental crime cases. Environmental quality degradation is often the result of human actions that are not commendable. Irresponsible and careless actions of humans who pollute and damage the environment are the most fundamental problems regarding difficulties in environmental management. Enforcement of environmental law by means of criminal law has so far been constrained by difficulties in proving that in the end there has been no resolution in several existing environmental cases. Apart from that, proving environmental crimes with criminal penalties requires high human resources and technology. Therefore, the application of penal mediation in resolving environmental crime cases must be carried out because it is beneficial for the environment and in line with the law that lives and develops in a society that already has a mechanism for settling cases through negotiations or deliberations to reach an agreement. This research method uses normative legal research using a statutory approach. The results of the analysis of this study show that penal mediation is an alternative to solving environmental crime cases that are carried out theoretically and more efficiently. Therefore, penal mediation can be used as an alternative solution to environmental crime cases.]]>
<![CDATA[Diskresi Pemerintah Kota Surabaya Terhadap Pelaksanaan Peraturan Pemerintah Pengganti Undang-undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Untuk Percepatan Perizinan Bangunan ]]>
<![CDATA[Ari Wulandari]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.470
<![CDATA[This study aims to find out the explanation of discretionary policies related to the implementation of permits in the Surabaya City Government and to find out the legal consequences of discretionary policy strategies in accelerating the implementation of building permits in the City of Surabaya. The discretionary policy was carried out to overcome the stagnation of requirements for business/non-business licensing services and to streamline the administration of government in the City of Surabaya due to the enactment of the work copyright law which has changed building permits to building approvals. This aims to provide legal certainty for the government and also the community in the form of submitting business/non-business licensing services until the suitability of space utilization activities and building approvals can be issued. The writing method used in this research is normative legal research using case studies (case approach). The results of the analysis of this study indicate that the use of discretion by the Surabaya City Government regarding the implementation of Perppu Number 2 of 2022 concerning Job Creation to accelerate building permits or building approvals for building permits has an impact on two sides, namely the local government provides legal certainty in issuing certificates city plans and building approvals. Apart from that, it also provides legal certainty for the community in applying for business/non-business licensing services and vice versa increasing the local revenue of the City of Surabaya through building permit fees or building approvals.]]>
