Legalita

Legalita adalah jurnal akademik untuk Studi Hukum yang diterbitkan oleh Unit Penelitian dan Pengabdian Masyarakat  Fakultas Hukum dan Ilmu Sosial Universitas Muhammadiyah Kotabumi.  Legalita berisi beberapa penelitian dan ulasan tentang disiplin ilmu yang dipilih dalam beberapa cabang Studi Hukum (Sosiologi Hukum, Sejarah Hukum, Hukum Komparatif, dll).

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BADAN USAHA MILIK DESA SEBAGAI PEMBERDAYAAN EKONOMI (SYARIAH) MELALUI ORGANISASI BERBASIS KEAGAMAAN (ISLAM)

This study aims to examine and provide new concepts in the development of Village-Owned Enterprises (BUMDes) through religious organizations, especially Islam. BUMDes is one of the economic institutions operating in rural areas that must have differences with economic institutions in general. This is intended so that the existence and performance of BUMDes can contribute significantly to improving the welfare and economic prosperity of the community, the majority of the population of Indonesia are Muslims, so that BUMDes are in accordance with Islamic contracts. The problems that will be discussed in this study are 1. What is the development of Village-Owned Enterprises as Economic Empowerment (sharia) through the current Religious Based Organization (Islam). 2. What is the concept in the development of Village-Owned Business Entities Through Religious (Islamic) Based Organizations. This research method uses a normative juridical system by studying library materials and documents related to the development of BUMDes. This study shows that existing contracts in Islamic economics can be implemented on BUMDes in accordance with laws and regulations. In addition to having strengths and opportunities, this concept also has disadvantages and threats. To realize Islamic economy-based BUMDes this requires an active role and joint commitment from the village government, the community, Fatayat Nahdatul Ulama (NU), Muslimat, and other Islamic organizations that will develop Islamic economics, so that the needs of al-dharuriyah (primary), al-hajiyyah ( secondary), al-thsaniyyah (complementary) in the village.
Dauri, Ricco Andreas

IMPLEMENTASI PERADILAN ELEKTRONIK (E-COURT) PASCA DIUNDANGKANNYA PERMA NOMOR 3 TAHUN 2018 TENTANG ADMINISTRASI PERKARA DI PENGADILAN SECARA ELEKTRONIK

The continuous development of information and technology (IT), demands its adoption in court institutions worldwide. Therefore, the application of e-court in Indonesia started after the publication of Supreme Court Regulation number 3 of 2018. The purpose of this article is to describe the adaptation of the Indonesian Supreme Court to the use of information technology, in an effort to improve its performance. This research focuses on two research problems, firstly, how is the regulation and implementation of electronic court in Indonesia? Secondly, what are the implications of accessing its application among justice seekers? A normative approach, which relates the broad access towards the justice seeker, was used. The implementation of IT in court processes is a reformative initiative, through innovation, efficiency, structure and system.  This advancement would also assist the judges in examining, judging and declaring a case. Socially, these further helps those who seek justice to cost effectively simplify and hasten the process, therefore mark a new era.
Hary Djatmiko

MENINJAU ULANG SISTEM PEMBINAAN NARAPIDANA KORUPSI DI INDONESIA

Indonesia continues to improve its efforts to eradicate corruption which is in fact an extraordinary crime. Corruption requires extra treatment not only in the process of law enforcement but also the process of fostering corruption inmates. So far, the existing laws and regulations have not clearly regulated the concept of good coaching, especially for corruption convicts as a result of corruption inmates are still free to use resources and influence to be able to obtain various facilities that actually conflict with existing regulations. The problems that will be raised in this article are: First, how is the system of guiding corruption inmates in several countries? Second, how is the concept of fostering corruption prisoners better for Indonesia. This article uses a normative approach through the study of literature or literature. This article concludes the model of fostering prisoners in particular corruption prisoners in Penitentiary has not run as expected. Departing from the comparison of prisoner development models in various countries, we need a different approach to fostering models both for public inmates and corruption accordingly. It is necessary to improve and synchronize efforts to foster corruption inmates, both institutional structures, the substance of RI Law No.12 of 1995 and the culture of stakeholders to be able to provide adequate solutions for fostering corruption inmates.
Nimerodi Gulo

PERLINDUNGAN HAK KONSTITUSIONAL BURUH

Indonesia as a democratic rule of law places the rights of citizens as part of the basic rights guaranteed and protected by the state. The rights of citizens are further regulated in the 1945 Constitution as the highest basic law, hereinafter referred to as constitutional rights. However, in its implementation there are still often violations of labor rights. Over time workers who feel their constitutional rights are impaired by the enactment of norms in the Manpower Act submit a judicial review to the Constitutional Court related to the conception of protecting labor rights. The writing of this article uses the normative legal research method. The conclusion of this article is that the concept of protection of labor rights in legislation that guarantees the constitutional rights of workers or workers' normative rights that can be broadly grouped into four, namely economic rights, political rights, rights that are medical nature, and social rights. Conception of Labor Rights Protection According to the Constitutional Court as reflected in Decision on Case Number 012 / PUU-I / 2003, is an interpretation of the Constitutional Court's law on the 1945 Constitution related to the examination of the Labor Law.
Wilma Silalahi

PENGAWASAN PASAR MODAL SETELAH BERLAKUNYA UNDANGUNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN

The capital market is seen as an effective means to accelerate the development of a country because of its ability to mobilize long-term funds from the public to be channeled to productive sectors. However, trading traffic on the capital market requires supervision from the government or parties that are considered to be independent to create safe and comfortable market conditions for each party that will carry out the transaction. This article raises the issue of how to control the capital market before and after the enactment of the Law Number 21 of 2011 concerning the Financial Services Authority ?. The writing of this article uses a normative approach in analyzing various laws and regulations as well as literature related to capital market developments. The process of data analysis is done qualitatively. The function of the capital market supervision after the enactment of Law Number 21 of 2011 concerning OJK replaces the function previously performed by the Capital Market Supervisory Agency (Bapepam). Supervision under the OJK is based on a passion to give attention to protection and education for consumers. Education and protection of financial consumers is directed to increase the trust of investors and consumers in every activity and business activity in the financial services sector and provide opportunities and opportunities for the development of the financial services sector in a fair, efficient and transparent manner.
Suwardi

PENYELESAIAN SENGKETA LINGKUNGAN HIDUP DI LUAR PENGADILAN

Sustainable development always causes changes to the environment, which causes damage. In order to resolve problems with those who have polluted the environment, it is done through the courts (Litigation) and through out of court (Non Litigation), while the settlement through the courts, can be done through the means of criminal law, civil law and administrative law . The problem in this article itself is First, how is the settlement of environmental disputes outside the court in civil law matters? Second, what are the obstacles in resolving environmental disputes outside the court? This article uses a normative approach to further analyze data qualitatively. Out-of-Court Dispute Settlement is actually held to reach agreement on the form and the amount of compensation, and / or certain actions, to ensure there is no occurrence or recurrence of negative impacts on the environment. The obstacles that are often faced by the settlement of environmental disputes outside the court are mainly related to the nominal and the form of compensation due to differences in views between pollutants and prosecutors. Another obstacle is the difficulty of administrative law enforcement in the context of environmental management, when faced with administrative decisions in the form of revocation of business licenses that will have a sociological economic impact causing pressure from the community / Non-Governmental Organizations (NGOs) to submit cases of pollution and damage to court hearings.
Salmudin