Jurnal Aktual Justice
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Published By Faculty Of Economic And Business, Ngurah Rai University

2776-9844, 2541-6502

2021 ◽  
Vol 6 (1) ◽  
pp. 78-100
Author(s):  
Ni Putu Noni Suharyanti ◽  
Kadek Endra Setiawan

In order to support the government in overcoming the Covid-19 outbreak, Komisi Penyiaran Indonesia (KPI) has issued several policies related to broadcasting, especially on television. This policy was taken considering that television is still the media with the most audience reach and has a high duplication power in society. Therefore, in every program broadcast to the public, adherence to health protocols is a must. Based on this, it is necessary to examine in depth the role of KPI in overseeing broadcasting and the synergy between Central and Regional KPIs in overseeing broadcasting during the Covid-19 pandemic. The results showed that the KPI in supervising broadcasting during the Covid-19 pandemic played an optimal role in regulating and supervising broadcast content by issuing policies to broadcast the socialization of prevention of the spread of Covid-19 either through Public Service Ads (ILM) or other programs by television and radio. In addition, KPI also issued KPI Decree (KKPI) Number 12 of 2020 concerning Support of Broadcasting Institutions in Efforts to Prevent and Overcome the Spread of Covid-19. Then to follow up on the Circular on news related to the Covid-19 Virus, the Central KPI along with Regional KPI throughout Indonesia conveyed and reminded all Broadcasting Institutions to remain guided by broadcasting rules in broadcasting institutions to convey useful and accountable information.


2021 ◽  
Vol 6 (1) ◽  
pp. 101-120
Author(s):  
Ni Luh Putu Geney Sri Kusuma Dewi

Decentralization is one of the political choices in order to ensure the implementation of government affairs in the regions. History has noted that Indonesia has attempted (still) an ideal formula in the administration of local government, starting from the implementation of symmetrical or asymmetrical decentralization. This is not an easy matter considering the diversity that exists in each region, so a special method is needed to be able to fulfill the wishes of each region proportionally. The decentralization that Indonesia needs does not seem to be just ordinary decentralization, empirically Indonesia has actually implemented what is called asymmetric decentralization or decentralization that is not the same/not uniform for each region. The Papua region is an example of the implementation of asymmetric decentralization, but the problem is that the special labeling of the region reflects an asymmetrical framework, namely a serious effort designed to accommodate regional needs by considering all aspects based on regional needs. This means that in granting asymmetric decentralization to a region, it does not mean that it only fulfills sporadic needs based on bad experiences, namely the failure to carry out symmetrical decentralization as in other regions. Therefore, the author considers it important to analyze more deeply the special labeling for Papua has been given in accordance with the asymmetric decentralization framework or only meets sporadic demands to anticipate the issue of disintegration.  


2021 ◽  
Vol 6 (1) ◽  
pp. 60-77
Author(s):  
Cokorde Istri Dian Laksmi Dewi

This is derived from the Constitutional Court Decision Number 69/PUU-XII/2015, to change is a practice  making of a marriage agreement, where before the marriage agreement be made before or when the marriage, as is the Constitutional Court Decision Number 69/PUU-XII/2015 the marriage agreement can be made the marriage agreement at the time of marriage. The changer these norms give a legal impact against to legal events wicht has accurred previously related to third parties of creditors. The problem of legal protection for creditors due to the making of marriage agreement during marriage can be answered for the conducting legal research using the normative juridical legal research method, which refers to formal legal sources. so that the research method can protect creditors from the marriage agreement made during the marriage is with preventive and repressive legal protection, preventive is taking precautions that can be done with the precautionary principle of a creditor before giving credit to the debtor and resolving the problem through legal channels by canceling the marriage agreement or making a civil suit to the district court, as long as the creditor can prove that the marriage agreement was made after an incident occurred. the law with the creditor or the marriage agreement causes a loss to the creditor.


2021 ◽  
Vol 6 (1) ◽  
pp. 41-59
Author(s):  
I Kadek Pranajaya

The architectural style of buildings in Bali must be able to display the traditional Balinese architectural style (ATB) that is in harmony, balanced and integrated with the environment based on Balinese culture. Globalization and modernization encourage the creation of new technologies in the building materials industry to be more effective and efficient. Through a sociological juridical approach, it was found that the influence of globalization and modernization caused a shift in the architectural paradigm in Bali. Globalization and modernization have led to an identity crisis and the degradation of ATB towards a modern and minimalist direction as well as disharmony of traditional values ​​as the ancestral heritage of the people in Bali. The architectural paradigm shift in Bali has begun to shift and has deviated from the existing rules. The results of the study indicate that there has been a violation of the provisions on building architecture that have been stipulated through the Bali Provincial Regulation No. 5, 2005. Violations that take place seem to be left unchecked, ignorance or also a lack of public understanding of the norms that have been set. This is caused by the legal structure, legal substance and legal culture not working properly.


2021 ◽  
Vol 6 (1) ◽  
pp. 1-19
Author(s):  
Rai Mantili ◽  
Putu Eka Trisna Dewi

Kepailitan merupakan suatu proses dimana seorang debitur yang mempunyai kesulitan keuangan untuk membayar utangnya dinyatakan pailit oleh pengadilan, dalam hal ini pengadilan niaga, dikarenakan debitur tersebut tidak dapat membayar utangnya. Namun sebelum diputus pailit oleh pengadilan niaga debitur dapat melakukan upaya perdamaian dengan mengajukan Penundaan Kewajiban Pembayaran Utang (PKPU). Penelitian ini berjenis penelitian yuridis normatif dengan cara melakukan studi kepustakaan dan menelaah data sekunder. Namun tidak semua proses PKPU berjalan sesuai rencana dan berujung pada kepailitan. Jenis penelitian dalam tulisan ini adalah penelitian yuridis empiris. Dalam beberapa kasus kepailitan proses PKPU justru dapat membuka kesempatan bagi para kreditor yang beritikad buruk untuk mempailitkan debitor secara tidak langsung. Dalam PKPU kreditor memiliki kekuasaan yang besar dalam menentukan apakah debitor harus dinyatakan pailit oleh pengadilan


2021 ◽  
Vol 6 (1) ◽  
pp. 20-40
Author(s):  
Lis Julianti

Investment is a sector that plays an important role in economic growth in a country. Indonesia is a country that has enormous economic potential to attract investors to invest, but has not been able to create a conducive investment climate. The existence of the COVID-19 pandemic has further exacerbated the decline in investment in Indonesia. This is due to various tight restrictions, the complexity of managing licensing and regulations that still overlap between the center and the regions. The research method used is juridical normative which is based on secondary legal materials. This study uses an approach: statute approach, and conceptual approach. The technique of searching for legal materials uses the document study technique (library research), and the analysis of the study uses qualitative analysis. The results of this study indicate that the Government has made maximum efforts by issuing various regulations or policies in order to revive the investment climate in Indonesia so that the country's economic growth can increase, and is able to guarantee legal certainty in doing business in Indonesia.


2020 ◽  
Vol 5 (2) ◽  
pp. 162-181
Author(s):  
Ni Ketut Wiratny ◽  
Ni Luh Putu Geney Sri Kusuma Dewi

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.


2020 ◽  
Vol 5 (2) ◽  
pp. 118-131
Author(s):  
Cokorda Istri Dian Laksmi Dewi

The relationship between the seller and buyer was between his servoci so that a transaction coul take place an intermediary in a land deal is called a broker. The realtor that supplied her service earned her fee, the arrangement of brokers appears in the statute of commerce and the minister of commerce’s regulation of the company that regulates the magnitude of the broker fee minimal is a 2% and maksimal 5%. But, the regulations can only apply to certified broker, as for the uncertified broker we refer to as the trandisional broker to run the broker function and set it on outside the prevailing rules. For unswer the problem using a normative law research method by using a legals approach and othe regulation to answer about the urgency of a policy on the deployment to a broker. According to the tittle of this post is the urgency ot the brokerage rules in the land deal because if it is not established immediately, it will result in uncontrolled land price or demage to the seller the point of sale to be low after being deducated with the cost of notary, clas tax liability and broker fee.


2020 ◽  
Vol 5 (2) ◽  
pp. 146-161
Author(s):  
Anak Agung Ayu Ari Widhyasari

The existence of policy regulations cannot be separated from the free authority (vrije bevoegdheid) of the government which is known as freies ermessen. The granting of freies ermessen to the government or state administration is actually a logical consequence of the concept of the welfare state, but within the framework of a rule of law, freies ermessen cannot be used indefinitely. This paper aims to determine the limits of the use of policy regulations in government administration and the forms of accountability when there are legal deviations. With the normative juridical method, this research concludes that the policy regulations taken by the government in an urgent situation must be limited by the signs of the General Principles of Good Governance (AAUPB) and if the policy regulations are formed without heeding these principles, the policy regulation can be canceled. .


2020 ◽  
Vol 5 (2) ◽  
pp. 196-221
Author(s):  
Adrie Adrie

Civil Servants (PNS) are prohibited from providing support to candidates for President and Vice President by engaging in campaign activities because this is a violation and can be severely disciplined. The purpose of writing this scientific paper is to determine the effectiveness of severe disciplinary penalties according to employment law, and to know the process of severe disciplinary penalties for Civil Servants (PNS). The author uses normative legal research methods with data collection techniques with literature study of legal materials through internet media. The data obtained in this legal research were analyzed using qualitative methods which were presented descriptively which would later obtain meanings and conclusions to answer the problem. The conclusions from the writing of this scientific work are: (1) The absence of effectiveness of severe disciplinary penalties according to the employment law which now applies to Civil Servants (PNS) because in reality, lawlessness continues to occur among Civil Servants (PNS) even though it has been given severe disciplinary punishment so that there must be firmer law enforcement that should be regulated in the employment law; (2) The process of severe disciplinary punishment for Civil Servants (PNS), among others: (a). Civil servants who commit disciplinary violations are examined by the Examining Team consisting of elements of supervision, staffing and direct superiors; (b). LHP is reported in a hierarchical way to officials who have the authority to punish; (c). Preparation and Issuance of Decree for the Dismissal of PNS Discipline by Officials who have the authority to punish; (d). After the issuance of the Decree, then the PNS Discipline SK is handed over to the concerned / Family / through electronic media (Postmark).


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