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Arifin, Jajang
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POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.
PENEGAKAN HUKUM BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DIKAITKAN DENGAN PUTUSAN PENGADILAN NEGERI INDRAMAYU NOMOR: 79/PID.C/2013/P Hidayat, Taufik; Arifin, Jajang
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.51

Abstract

Theft as arranged in Article 362 of the Criminal Code, it is a basic principle of theft of crime in general, so that Law Enforcement Apparatus such as Police, Prosecutor and Judge in handling theft cases refer to that Article. Whereas in addition to the article there is also article 364 of the Criminal Code which regulates specifically about theft limits of not more than Rp. 2.50, - (two hundred and fifty rupiah) is a light theft. The Supreme Court on February 27, 2012 has issued the Supreme Court Regulation Number 2 of 2012 on Adjustment of Limitations of Light Criminal Act and Penalties in the Criminal Code to be referred to the Law Enforcement Apparatus in Handling Light Theft. The study aims to examine the detention procedure conducted by the investigator and the prosecutor against the defendant in the criminal case register No. 79 / Pid.C / 2013 / PN.Im pursuant to the Supreme Court Regulation Number 2 of 2012 on Adjustment of Mild Crimes and Amount of Penalties in the Criminal Code, and to know the legal considerations of the Panel of Judges in the judgment of the defendant in a criminal case register Number: 79 / Pid.C / 2013 / PN.Im.
PERLINDUNGAN KONSUMEN ATAS WANPRESTASI DEVELOPER TERHADAP BANGUNAN KPR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Arifin, Jajang
Yustitia Vol 5 No 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.91

Abstract

The binding agreement on the sale and purchase of land and buildings is a preliminary agreement prior to the signing of the legitimate deed of sale and purchase, containing the provisions of sale and purchasing regulations, which stipulates the legal provisions of the sale and purchases party. The parties bound in the agreement should mutually carry out their obligations and accept their rights. The developer is obliged to build and give the land and its buildings to the consumer. This study used a doctrinal legal research model with the method of statutory approach. The research specification is analytical descriptive which refers to the use of secondary data. In this study, the researcher examined the legislation and other literature data which were subsequently analyzed qualitatively. This study intended to determine the legal protection for consumers of developers who do default, and to find out sanctions for developers who do default on consumers based on the constitution No. 8 of 1999 concerning consumer protection. After conducting a complete study or analysis of this case, it can be concluded that the buyer as a consumer is entitled to get legal protection for defaults from the developer. It is because between the two, there is a bond in a binding agreement of sale and purchase. The developer has violated article 8 section (1) letter f, article 7 letter a, article 4 (letters a, b, c and h), article 16, article 19, and article 62 section (1) and (2) of the constitution regarding the consumer protection law (UUPK). Other criminal threats for developers who build housing without the comply from the agreed criteria, specifications, and requirements, are set out in article 134 in conjunction with article 151 number 1 of 2011 of the constitution concerning housing and settlement areas, namely a maximum fine of 5 billion rupiah.
FUNGSI HAK ANGKET DEWAN PERWAKILAN RAKYAT UNTUK MELAKUKAN PENYELIDIKAN TERHADAP PELAKSANAAN UNDANG-UNDANG Sumartini, Siti; Arifin, Jajang
Yustitia Vol 6 No 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.97

Abstract

The inquiry right of the House of Representatives (DPR-Dewan Perwakilan Rakyat) is the right of the DPR to conduct an investigation of the implementation of laws/government policies relating to important things, strategic, and broad impacts on the life of the community, nation, and state suspected of being in conflict with the law regulations. The DPR's inquiry rights relating to the implementation of the DPR's oversight function are “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions”. According to the definition above, the questions arise is what is the position of the inquiry rights in the implementation of the DPR's oversight function on the implementation of a law? What is the implication of the Constitutional Court's decision Number: 36 / PUU-XV / 2017 for the implementation of the DPR's inquiry right to the Corruption Eradication Commission (KPK – Komisi Pemberantasan Korupsi)? The study was conducted using a normative juridical approach (legal research). In this case, testing and reviewing secondary data are done relating to the problem to be discussed. The inquiry right is not the right to know about the possibility of a crime in a case. The inaccuracy in the conception of the inquiry right which is also shown in its implementation such as the DPR investigating the Bullogate, BLBI cases and others can (even) distort the function of the DPR in the formation of laws (legislation) or oversight of the implementation of government tasks and state spending, including the appointment of public officials in the form of public officials, approval or rejection, or in the form of giving consideration by the Parliament. Therefore, if the function is expected to be carried out effectively, dynamically, and naturally, changes to the MD3 Law must be initiated primarily by members of the DPR itself. There must be a strong desire from the members of Parliament to reposition themselves as representatives of the people who are aspirational and serve the interests of all the people they represent. This strong desire will manifestly manifest, if they are not restarted, because they are opposing the party's policy line.
POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol. 3 No. 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.
PENEGAKAN HUKUM BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DIKAITKAN DENGAN PUTUSAN PENGADILAN NEGERI INDRAMAYU NOMOR: 79/PID.C/2013/P Hidayat, Taufik; Arifin, Jajang
Yustitia Vol. 3 No. 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.51

Abstract

Theft as arranged in Article 362 of the Criminal Code, it is a basic principle of theft of crime in general, so that Law Enforcement Apparatus such as Police, Prosecutor and Judge in handling theft cases refer to that Article. Whereas in addition to the article there is also article 364 of the Criminal Code which regulates specifically about theft limits of not more than Rp. 2.50, - (two hundred and fifty rupiah) is a light theft. The Supreme Court on February 27, 2012 has issued the Supreme Court Regulation Number 2 of 2012 on Adjustment of Limitations of Light Criminal Act and Penalties in the Criminal Code to be referred to the Law Enforcement Apparatus in Handling Light Theft. The study aims to examine the detention procedure conducted by the investigator and the prosecutor against the defendant in the criminal case register No. 79 / Pid.C / 2013 / PN.Im pursuant to the Supreme Court Regulation Number 2 of 2012 on Adjustment of Mild Crimes and Amount of Penalties in the Criminal Code, and to know the legal considerations of the Panel of Judges in the judgment of the defendant in a criminal case register Number: 79 / Pid.C / 2013 / PN.Im.
STATUS DAN KEDUDUKAN HUKUM LEMBAGA FINANCIAL TECHNOLOGY (FINTECH) SYARIAH DALAM MENYELENGGARAKAN JASA KEUANGAN KEPADA MASYARAKAT Sumartini, Siti; Arifin, Jajang; Gatri Sagala, Stefani
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.143

Abstract

The development and enthusiasm of the community towards the growth of sharia economic practices is very high, especially with the proliferation of the establishment of sharia financial institutions (LKS), one of which is sharia fintech. Sharia fintech is an innovation of sharia-based financial services by utilizing technological advances. In addition to providing offers and schemes that are different from conventional services, it also provides certain limitations on the use of funds provided by investors or lenders. In addition, the development of sharia fintech needs to be supported by the appropriate regulations and infrastructure. With the support for these two aspects, the actors and service users of Islamic financial institutions will have the convenience of meeting the needs of financial access. Access to these financial needs in its development has become increasingly complex and diverse. In this case, the author conducted research using normative juridical methods. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific papers as study material that can support the completeness of this scientific work. The phenomenon of disruptive innovation that occurs in the financial services industry such as the emergence of fintech has great potential because it can provide solutions to urgent needs that traditional financial institutions cannot provide. Fintech refers to the use of technology to provide financial solutions. Although it is relatively new, Islamic fintech does not have a significant difference with conventional fintech. Because both types want to provide financial services. The difference between the two is only a financing contract which follows the rules of Islamic law. There are three sharia principles that must be owned by this fintech, namely no maisir (betting), gharar (uncertainty) and usury (the amount of interest past the stipulation
TANGGUNGJAWAB HUKUM DOKTER TERHADAP PASIEN DI KAMAR BEDAH Arifin, Jajang
Yustitia Vol. 8 No. 2 (2022): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v8i2.165

Abstract

The relationship between doctors and patients has been going on for a long time. A doctoris considered to be someone who gives treatment to people who need it. The legalrelationship between doctors and patients begins with a paternalistic vertical relationshippattern like father and son which departs from the principle of "Father knows best" wherea doctor is considered to be more aware and able to treat the disease suffered by thepatient. The position of doctors is higher than the position of patients and doctors have animportant role in their development. When viewed from the relationship between thedoctor and the patient, the doctor as a professional, with his education and experience isexpected to be able to use his knowledge carefully and responsibly so that he does notbecome negligent, while a patient with a weak position, does not know whether the actionstaken by the doctor are correct or not, can trust and leave the measures for his health tothe doctor, based on the information obtained from the doctor. Such a pattern ofrelationships between doctors and patients has gradually shifted towards a moredemocratic one, namely a horizontal contractual relationship or Joint participation.
PERAN PEMERINTAH DALAM MENINGKATKAN KESEHATAN DAN PENCEGAHAN PENYAKIT MENULAR Arifin, Jajang
Yustitia Vol. 9 No. 1 (2023): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v9i1.172

Abstract

Health is a basic need of every individual community that must be met by every nation and country. Including the state's obligation to protect its people from contracting diseases that are considered dangerous. The state as the largest organization is expected to be able to provide maximum services to overcome certain diseases, because the state has authority that covers the entire life of society. This research uses a doctrinal legal research model with a statutory approach method. Research results: 1. In fact, the Government is obliged to carry out efforts to prevent Infectious Diseases in accordance with Law No. 36 of 2009 concerning Health in article 152: (a) The Government, Regional Government, and District/City Government are responsible for implementing efforts to prevent, control, and eradicate infectious diseases; (b) The Government, Regional Government, and District/City Government are responsible for providing facilities, infrastructure, medicines, and vaccines in efforts to prevent, control, and eradicate infectious diseases; etc; 2. The national health system (SKN) reflects the efforts of the Indonesian nation to increase the ability, willingness and awareness to achieve the highest degree of health as a manifestation of general welfare, the government formulates the National Health System (SKN) policy reflects the efforts of the Indonesian nation to increase the ability, willingness and awareness to achieve the highest degree of health as a manifestation of general welfare.
IMPLEMENTASI PENETAPAN PEMUKA DAN TAHANAN PENDAMPING (TAMPING) DI LEMBAGA PEMASYARAKATAN DITINJAU DENGAN PERMENKUMHAM NOMOR 9 TAHUN 2019 TENTANG PERUBAHAN ATAS PERMENKUMHAM NOMOR 7 TAHUN 2013 STUDI DI LAPAS KELAS IIB INDRAMAYU Hardana, Nugraha Eka; Sumartini, Siti; Arifin, Jajang
Yustitia Vol. 9 No. 2 (2023): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v9i2.215

Abstract

Penalties are sanctions given in the form of coaching, empowerment, and education to citizens who provide lessons and experience so that it may be a good thing in the future. Place of execution Punishment for perpetrators of criminal acts used to be referred to as imprisonment when they were converted into Detention Centers (RUTAN) and Penitentiaries (LAPAS). Prisoners and Prisoners in RUTAN and PRISONS are given fundamental life rights, personality formation and guidance. Coaching and guidance includes coaching and guidance activities, personality and independence. Carrying out the task of securing the number of officers is not ideal with the number of prison residents, let alone added with coaching and mentoring activities. Implementation of coaching activities and guidance of correctional officers assisted by Leaders and Detainees Companion (Tamping). Based on the above, it can be withdrawn. The problem is what is the position of the law-related leaders and tamping and the mechanism of determination and coaching are reviewed by PERMENKUMHAM RI No. 9 of 2019 concerning amendments to Permenkumham RI No.7 of 2013 in Class IIB Indramayu Prison? To answer questions, the author conducted research using juridical methods normative. This research focuses more on analysis than regulation existing legislation and other regulations using data- secondary data, namely scientific references or other scientific writings as material; Studies that can support the completeness of this scientific work. Implementation The determination of leaders and tamping in Indramayu Class IIB Prison is appropriate with PERMENKUMHAM RI No.9 of 2019 concerning amendments to Permenkumham RI No.7 of 2013. Surface and tamping Class IIB Indramayu Prison plays a role in terms of service, care for prisoners and people receiving mental health treatment coaching, considering the number of correctional officers, which is out of balance with the occupancy content of LAPAS. Rights inherent in leaders and tamping are the rights of prisoners.
Co-Authors Abas, Suhendar Fathammubina, Rohendra Gatri Sagala, Stefani Indra Ariska, Dudung Nugraha Eka Hardana Nursidi, Didi Siti Sumartini, Siti Sumartini, R. Siti Tahir, Erdin Taufik Hidayat