http://jurnal.stihsa.ac.id/index.php/wasaka/issue/feed Jurnal Wasaka 2020-01-29T03:56:40+00:00 Tim Jurnal jurnal@stihsa.ac.id Open Journal Systems <p>Jurnal WASAKA HUKUM sebagai jendela informasi dan gagasan hukum adalah wadah publikasi pertukaran gagasan, telaah dan kajian, disamping sebagai penyalur informasi dan strategis praktis penyelesaian masalah-masalah hukum yang mana merupakan wujud nyata kontribusi, berupa sumbangan pemikiran yang dapat dimanfaatkan bagi mahasiswa maupun masyarakat.</p> http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/8 daftar isi 2019 Februari 2019-12-22T12:59:48+00:00 admin admin jurnal@stihsa.ac.id <p>daftar isi 2019 Februari</p> 2019-12-22T12:59:48+00:00 Copyright (c) 2019 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/25 ANALISIS YURIDIS TENTANG USAHA BUDIDAYA IKAN DI SUB DAERAH ALIRAN SUNGAI DI KABUPATEN TAPIN 2020-01-24T02:00:13+00:00 Ahmad Rivani Fahlifi pahlifu.j@gmail.com <p><em>Licensing regulations on fishing effort is regulatory role in maintaining the sustainability of fish resources and environment, and improve the welfare of fishermen’s economic contribution to the state in accordance with the objectives of fisheries development. According to Law No.31 of 2004 on Fisheries is distinguished fisheries business license on fishing and fish breeding. Regulation of the Minister of Marine Affairs and Fisheries No. 12/MEN/2012 on Business fisheries on the high seas os concerned with conservation of fish resources, fishing license can be used as a tool to control fishing effort to pay attention to the fish resource conservation issues</em></p> 2020-01-24T02:00:13+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/26 TINJAUAN YURIDIS TERHADAP PELAKSANAAN REKLAMASI SETELAH ADA USAHA PERTAMBANGAN TANPA IZIN 2020-01-24T02:12:41+00:00 Igun Nahan igunnahan5@gmail.com <p><em>The more limited revenues from petroleum and declining foreign aid, to make the government take policy measures to optimize reception is one of the natural resources, especially of mineral resources are still abundant. One of them is the mining sector, it is still a great contribution to the country in development financing. Problems on the mining sector is still rife in Indonesia is the problem did not commit an obligation to reclaim mining lands after exploration, both by businesses that have received permission Mining, moreover, which is categorized mining industry without permission (PETI). Things are interesting to study is a normative that is how the actual setting of post-mining reclamation obligations and how the aspect of legal liability. As we know that the reclamation of post-mining is an obligation that must be carried out by holders of IUP and IUPK as set out in Article 96 letter c of Law No. 4 of 2009 on Mineral and Coal Mining and article 2, paragraph (1) Regulation No. 78 Year 2010 regarding Reclamation and Mine Closure. It is therefore important to monitor how the implementation of the post-mining reclamation by mine operators, so that environmental damage had occurred would be in eliminate. Oversight here of course is conducted by both the local government and central government, so that jointly supervise the implementation of the mining activities and the implementation of the post mining reclamation.</em></p> 2020-01-24T02:12:41+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/27 HUBUNGAN HUKUM DAN MEKANISME PENYELESAIAN PERSELISIHAN ANTARA PERUSAHAAN DENGAN KARYAWAN OUTSOURCING 2020-01-24T02:39:39+00:00 Tumpal P Nainggolan tumpalpn74@gmail.com <p><em>Outsourcing is the surrender of part of the work that is not a company's core business or activity to another company. This surrender can be done in 2 (two) forms, namely by submitting in the form of work or by providing labor. <br>Regarding the implementation of this outsourcing method in Indonesia, it has been regulated in Law No. 13 of 2003 concerning Manpower. Before the enactment of the law, regarding the employment contract in Indonesia, the regulation referred to article 1601 b BW. In the Manpower Act governs the terms, conditions, as well as the form of agreements in the outsourcing method. From this arrangement it can be seen that, in outsourcing the existing legal relationship is between the company providing workers / laborers as the recipient of work and the company contracting out the portion of work, namely the company using the workers / laborers as the employer (vincihul) and the work agreement or employment contract between company service provider workers / laborers with workers.So it can be concluded that there is no binding legal relationship between workers and service user companies, despite the fact that daily workers work at service user companies. Therefore, the two parties cannot mutually demand rights and obligations.The application of the outsourcing method certainly has some kind of rule of the game and the rules of the game are agreements or contracts made by the parties in outsourcing and regulations made by the government as regulators.These agreements and regulations bind the parties in outsourcing. Workers only have a legal relationship with the service provider company, so if there is a loss to the worker in outsourcing due to the mistakes of other parties, the party responsible for the service is a worker / labor provider. On this basis workers can file compensation claims if it can be proven that the company providing the services of workers / laborers is in breach of default or acts that violate the law</em></p> 2020-01-24T02:39:39+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/23 PENGATURAN JENIS PEKERJAAN KEGIATAN PENUNJANG PADA PERUSAHAAN PEMBORONGAN DALAM HUKUM KETENAGAKERJAAN DI INDONESIA 2020-01-23T01:33:01+00:00 Sahrul arulsam87@gmail.com <p><em>The transfer of part of the implementation of work to other companies is granted legality in Act Number 13 of 2003 concerning Manpower. Regulations regarding the Submission of part of the work to other companies are listed in Article 64, Article 65 and Article 66 of the Act above. In addition, it is spelled out in the Minister of Manpower and Transmigration Regulation Number 19 of 2012 concerning Conditions of Submission of Partial Work Execution to Other Parties. However, the provisions regarding the types of work of supporting activities in chartering companies in the Indonesian labour law system still contain the blurring of norms. This is due to the legislation concerning labor, as well as other related regulations are not clearly mentioning the type of work of supporting activities in the chartering company, causing legal uncertainty.</em></p> 2020-01-23T01:33:01+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/31 PENGATURAN SANKSI ADMINISTRATIF TERHADAP PELANGGARAN IZIN LINGKUNGAN 2020-01-27T02:48:04+00:00 Akhmad Zulkifli akhmadzulkifli70@gmail.com <p><em>Every person or company conducting business in the field of natural resources (coal) must have an environmental permit. This is determined in Article 36 paragraph (1) of Law Number 32 Year 2009 concerning Management and Environmental Protection (UUPPLH) that every business and / or activity that is required to have an AMDAL or UKL-UPL must have an environmental permit. Then in Article 40 paragraph (1) the UUPPLH stipulates that an environmental permit is a requirement for obtaining a business permit.The purpose of environmental permits in principle is to prevent environmental damage and / or pollution as a negative impact of business activity. Therefore, in the environmental permit, several obligations must be determined and complied with by business actors. To enforce environmental permits, the UUPPLH has determined several sanctions that can be imposed for violations of environmental permits. One such sanction is administrative sanction in the form of government coercion in the form of confiscation as determined in Article 76 paragraph (1) in conjunction with Article 80 paragraph (1) letter e UUPPLH. But regarding the seizure as an administrative sanction shows disharmony. According to Article 76 paragraph (1) UUPPLH confiscation can be carried out after a violation of the environmental permit has been found. While Article 80 paragraph (1) letter e UUPPLH confiscation can be carried out before the violation of the environmental permit occurs. The provisions of the sanctions must be perfected for the sake of legal certainty. Confiscation by UUPPLH is categorized as an administrative sanction. This provision is not appropriate considering the confiscation according to criminal law and civil law is not a sanction, but rather one of the stages of the case handling process for the smooth examination of the case.</em></p> 2020-01-27T02:48:04+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/24 SEJARAH PENERAPAN AFFIRMATIVE ACTION DALAM KETERWAKLAN PEREMPUAN DI LEMBAGA LEGISLATIF.pdf 2020-01-24T00:39:24+00:00 sulastri lastrikpu@gmail.com <p><em>The general elections held once in every five (5) years and held by an independent agency, namely General Election Commission as stated in the Constitution Article 22E paragraph (5), which stipulates that the general election are held by a General Election Commission whic is national, permanent and independent. In the Act of the Republic of Indonesia Number 2 of 2011 concerning the Amendement to the Act of the Republic og Indonesia Number 2 of 2008 concerning Political Parties Article 2 it is stated that the establishsment an formation of political a party should include 30% female representation. This quota of 30% in the end contitutes an affirmative action to increase in representation of women throungh a policy. The quota system in legislative general elections has been applied since the legislative election in 2009. The legal ground for setting up a quota system for women’s representation in political parties&nbsp; has been set forth in the Act concerning Political Parties abd the Act concerning Legislative General Election. The&nbsp; mandate for drafting laws and policies for the legislature is along with a similar mandate to the Executive as a working partner of the Legislature. Women’s representation in the Legislature, the executive as well, constututes a concrete form of recognition of women to participate in the process of drafting laws and policies. The Indonesian women, especially in the legislative institutions are still considered to be different, so different act is needed so-colled Affirmative Action. Such different measures are aimed to equalize between the women and the men.</em></p> 2020-01-24T00:39:24+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/28 ASPEK POLITIK HUKUM PERJANJIAN KERJA WAKTU TERTENTU (PKWT) DI INDONESIA.pdf 2020-01-27T01:34:26+00:00 Ziyada Wulan Wulida ziyada471@gmail.com <p><em>There are no sanctions for companies that do not register their employees' Certain Period Employment Contract (PKWT) with the Manpower and Transmigration Office, legal protection for workers who have signed PKWT cannot be fully guaranteed. Therefore a political reform of law is needed in order to protect the workforce. Consequences of PKWT which are not recorded are based on Article 52 of the Manpower Act, namely Cancel by Law. Based on Article 59 paragraph 7 (seven), that by law becomes an Indefinite Time Work Agreement (PKWTT). From the two analyzes above, it makes the legal consequences and position of PKWT not registered by business actors in the Department of Manpower and Transmigration become multiple interpretations. Workers do not get maximum legal protection when working in a situation where their PKWT is not registered at the Manpower and Transmigration Office.</em></p> 2020-01-27T01:34:26+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/29 PENARIKAN PERSONAL GUARANTEE/CORPORATE GUARANTEE SEBAGAI PIHAK DALAM PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI INDONESIA 2020-01-27T01:55:07+00:00 Zulfina Susanti zulfinasusanti86@gmail.com <p><em>The guarantee aims to minimize the risk which is a means of protection for the creditor's security in the form of legal certainty regarding the repayment of debtor debts. Provision of guarantees, a Personal Guarantee / Corporate Guarantee has special privileges that creditors can usually request to be released to give a sense of security to creditors. The involvement of a Personal Guarantee / Corporate Guarantee as a guarantor often results in the Personal Guarantee / Corporate Guarantee being made by the Party by the creditor in the process of postponing the Obligation of Debt Payment as an alternative debt settlement solution. The research method used in this study is a normative legal research method. The results of the study indicate that the position of Corporate Guarantee and Personal Guarantee that voluntarily relinquishes their privileges can only be submitted as a party in a bankruptcy application together with the Main Debtor but cannot be submitted as a Party in the PKPU application. The parties wishing to make Corporate Guarantee or Personal Guarantee as parties to the PKPU application require in-depth understanding related to the position of Corporate Guarantee and Personal Guarantee in order to provide optimal legal understanding.</em></p> 2020-01-27T00:00:00+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/30 LEMBAGA PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DALAM DIMENSI SISTEM PERADILAN PIDANA DISEKTOR KEHUTANAN 2020-01-27T02:13:30+00:00 Trisna Agus Brata trisna.brata1@gmail.com <p><em>The purpose of this research was to find out how the role of institutions to prevent and eradicate forest destruction in order to optimize the criminal justice system in the forestry sector in Indonesia. This research is normative or doctrinal legal research, this research is supported by legal materials in the form of primary, secondary and tertiary. The approach used in this study is an approach that is a statute approach, a conceptual approach, and a historical approach, while the analysis of research is by interpreting legal principles, with inductive-inductive thinking as a logical and systematic explanation and interpretation. The results of this research indicate Law No. 18 of 2013, mandating the establishment of Institutions for the Prevention and Eradication of Forest Destruction, the institution is domiciled under the President, institutional elements are the Ministry of Forestry, National Police, Prosecutors and other related elements. The institutional structure is led by a Head assisted by several Deputies including, deputies in the fields of prevention, prosecution, law and cooperation as well as deputies of internal supervision and public complaints. This institution has the authority of the task and function to prevent and enforce forest destruction through legal proceedings of investigation, prosecution and proceedings at the hearing. In addition to these authorities, the Institute also has a function of coordination and supervision of forestry crime cases.</em></p> 2020-01-27T02:13:30+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/40 TINJAUAN YURIDIS TENTANG SANKSI PIDANA SEBAGAI SARANA PERLINDUNGAN LINGKUNGAN HIDUP DI WILAYAH NEGARA INDONESIA 2020-01-29T03:10:58+00:00 Nikmah Fitriah nikmah.fitriah72@yahoo.com <p><em>The research entitled "Juridical Review of Criminal Sanctions as a Means of Environmental Protection in the Territory of Indonesia" has the first research objective to study, analyze and find out about the concept of criminal sanctions in environmental crime, and second to study, analyze and find the impact of criminal sanctions. for perpetrators of environmental crimes for the environment. The method used in this study is a normative research method, which is to conduct a review of various laws and regulations both regarding asymmetry, emptiness and conflicting laws and regulations. Some conclusions that can be presented in this study are the first sanctions for environmental crimes that are not environmentally friendly, because they do not contain sanctions for the recovery of environmental crimes. Criminal sanctions imposed on perpetrators of environmental crimes in the form of a sanction of imprisonment for at least 1 (one) year and a maximum of 15 (fifteen) years, also in the form of a financial penalty of at least Rp. 1,000,000,000.00 (one billion rupiah) and a maximum of Rp. 15,000,000,000.00 (fifteen billion rupiah). Second, criminal sanctions for environmental offenders in the form of prison sanctions and fines have no effect on the recovery of problematic environmental elements. Once a judge is sentenced, then environmental offenders will undergo a sentence in the form of prison and pay fines to the state, while environmentally problematic remains have problems. Even though restoring the problematic environmental elements is a necessity so that the continuity of life continues to run comfortably and is conducive.</em></p> 2020-01-29T03:10:57+00:00 Copyright (c) 2020 Jurnal Wasaka http://jurnal.stihsa.ac.id/index.php/wasaka/article/view/41 ANALISIS YURIDIS TERHADAP PERJANJIAN PENITIPAN UANG YANG PADA HAKIKATNYA PERJANJIAN HUTANG PIUTANG (SUATU TINJAUAN DARI SISI PASAL 1320 KUHPERDATA) 2020-01-29T03:56:40+00:00 H. Nanang Hermansyah nanang.hermansyah11@yahoo.com <p><em>This research on "Juridical Analysis of Money Custody Agreements which is basically the Accounts Payables Agreement (An Overview of the Article 1320 Civil Code)" aims to find out and analyze legally how the validity of a money deposit agreement which is essentially the debt agreement agreement and how the legal consequences of the covenant agreement money that is essentially a debt and credit agreement. The method used in this study is a type of normative legal research that examines the legal norms that exist in the Civil Code and legislation related to this research, the nature of descriptive research, namely describing and describing the validity and legal consequences of the money-saving agreement which is basically the debt and credit agreement, the type of data is qualitative data, the source of data is secondary data because the data is already presented in legislation such as the Civil Code, data collection techniques using document studies or library data, while the data processing techniques in this study are data research that is processed without statistics (manual) so that in the form of qualitative data that can only be narrated or told. While the data analysis is discussed with a text analysis method of content that is highlighting the text or content of legal norms and legislation relating to the object under study by means of interpretation (interpretation) and systematization (qualitative analysis). From the results of the study note that the agreement safekeeping of money which is essentially an agreement for accounts payable is invalid according to article 1320 of the Civil Code, especially relating to the objective terms of the legal terms of the agreement because the law is not halal because it contradicts the law, namely the occurrence of legal smuggling and also due to the legal agreement on money safekeeping debts and receivables are null and void because they contradict the objective terms of the terms of the agreement which result in the cancellation of the covenant by law, which means the agreement is considered to never exist.</em></p> 2020-01-29T03:56:39+00:00 Copyright (c) 2020 Jurnal Wasaka