scholarly journals Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
International Agreement ◽  
Conceptual Approach ◽  
Turtle Species ◽  
Criminal Sanctions ◽  
The World ◽  
Administrative Sanctions ◽  
Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

scholarly journals Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris

2020 ◽  
pp. 113-138
Author(s):  
Qonitah Annur Aziza ◽  
Aprilia Trisanti ◽  
Kiki Aristyanti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Research Approach ◽  
Limit Set ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Existing Problems ◽  
Criminal Sanctions ◽  
Administrative Sanctions

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.

scholarly journals The Principle of Control Non Primary Gun System of the Indonesian National Army Protect Soldiers

BESTUUR ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 152
Author(s):  
Said Gunawan
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Legal Protection ◽  
Armed Forces ◽  
Military Operations ◽  
Defense System ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Research Show ◽  
Second Reconstruction

<p>This study aims to analyze and discover the principle of non-defense equipment regulation as a legal protection effort for members of the Indonesian Armed Forces and to reconstruct non-defense system arrangements in the context of legal protection for members of the TNI based on the value of certainty and justice with dignity. The research method in this research is descriptive juridical using statute approach, conceptual approach, analytical approach, philosophical approach and case approach. These approaches can be combined. The results of the research show that first, the principle of non-defense system regulation is subject to Law Number 34 of 2004 concerning the Indonesian National Army, especially the principle of civilian supremacy. The principle is only included in the basis of consideration. Does not specifically regulate the general provisions and body of the regulation regarding the terms and meaning of non-defense equipment and has not become one of the main tasks of the TNI in non-war military operations. Second, reconstruction of the value of alusista and non-alusista abuse must be subject to sanctions.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Defense Equipment; Indonesian National Army; Defense.</p>

scholarly journals Legal Flaws in the Election of Wali Nanggroe 2018-2023 Period in Aceh

2021 ◽  
Vol 6 (1) ◽  
pp. 72
Author(s):  
Muhammad Ihsan
Keyword(s):  
Research Method ◽  
Electoral System ◽  
Candidate Selection ◽  
Selection System ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
Election Commission ◽  
Research Show

The problem of elections in public office is often interesting to study, especially with the development of the electoral system which is continually being renewed to prevent corruption, collusion and nepotism, as well as to get candidates who are capable in their fields. One of these public offices which is Aceh-specific is Wali Nanggroe. This institution is a mandate of Aceh Government Law Number 11 of 2006. The determination of the Wali Nanggroe for the 2018-2023 period raises legal problems. Therefore this study will examine the wali nanggroe candidate selection system, the mechanism for selecting wali nanggroe based on Qanun number 8 of 2012, and whether there is a legal flaw in the election of wali nanggroe for the 2018-2023 period. This study uses a normative legal research method with a Law and Conceptual approach. The results of the research show that the wali nanggroe candidate selection system has not been carried out openly and transparently, even though Qanun allows for other candidates, in terms of election mechanisms, according to Qanun, an Election Commission must be formed in which there are 4 elements, but in practice the Commission Elections were not formed, this would be legally problematic, even legally flawed because one of the elements of the Election Commission was not involved as a member of the Election Commission as regulated by the Qanun. The elements that were not involved were representatives of ulama in each district/city.

scholarly journals LEGAL PROTECTION IN RESTITUTION TO THE VICTIMS OF HUMAN TRAFFICKING

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
GIOFANNI DIAN NOVIKA
Keyword(s):  
Human Trafficking ◽  
Social Factors ◽  
Research Method ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
The World

The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 62-66
Author(s):  
Desi Nellyda ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Abuse ◽  
Sexual Harassment ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Problem Formulation ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Law ◽  
Problem Formulations

This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).

scholarly journals Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja di Masa Pandemi Covid-19

2021 ◽  
Vol 21 (3) ◽  
pp. 1112
Author(s):  
Nazifah Nazifah ◽  
Syarifa Mahila
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
Job Creation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Legal Method ◽  
Force Majeure ◽  
Unilateral Termination ◽  
The World ◽  
Materials Used

The Covid-19 pandemic that has hit all countries in the world,including Indonesia, has had a negative impact on Indonesia’s economic growth. The negative impact of this pandemic is that many companies cannot operate properly so that many company suffer losses and not a few are forced to close their companies which  in the end has an impacts on umilateral termination of employment in many companies. The purpose of this study is to analyze the legal protection for workers who experience termination of employment unilaterally during this pandemic, in terms of the perspective of the Manpower Act. The research method used in this research is normative legal method by prioritizing a statutory approach, conceptual approach, and the legal materials used are all laws and regulations related to this research, especially the Manpower Act.Terminations of employment by many companies has a negative impact on workers. Moreover, Article 151Paragraph 1 of Law Number 13 Year 2013 concerning Manpower has emphasized that employers, workers. The Goverment must make every effort to prevent termination of employment, but in Law Number 11 Year 2020 about Job Creation Article 154 Paragraph (1) letter d states that the termination of employment can be carried out in a condition where the company is closed due to force majeure, and this covid-19 pandemic used as a reason for the company’s force majeure to unilaterally lay off workers.  The results of the research are expected to provide legal protection for workers affected by the covid-19 pandemic in the form of unilateral termination of employment.

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

scholarly journals PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Other ◽  
Equal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The World ◽  
Insolvency Proceedings ◽  
Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

scholarly journals Legal Aspects Of Consumer Protection In Illegal Sale Of Telecomunication Devices In Indonesia

2020 ◽  
Vol 4 (3) ◽  
pp. 369-384
Author(s):  
Erry Fitrya Primadhany ◽  
Imam Wahyudi ◽  
Cahyati Cahyati
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administrative Sanctions

Regulations regarding transaction of telecommunication devices have been clearly regulated. However, the circulation of illegal products is still rife, especially devices that International Mobile Equipment Identity (IMEI) is not officially registered. This can potentially be detrimental to consumers. This research is normative research with the legal research method of literature. The approach used is a statutory approach and a conceptual approach.  It can be concluded that the protection that can be done against consumers is preventive protection that is preventive and repressive protection that is done if the consumer has suffered a loss. Preventive preventive legal protection is contained in the provisions of Law No. 8 of 1999 on Consumer Protection and also contained in government efforts through Regulation of the Minister of Communication and Informatics No. 1 of 2020.Repressive legal protection can be resolved through litigation and non-litigation litigation.Violation of product requirements rules may result in businesses being subject to administrative sanctions.

Sign in / Sign up

Export Citation Format

Share Document