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Journal : Justness : Jurnal Hukum Politik dan Agama

REHABILITASI DAN GANTI KERUGIAN TERDAKWA YANG DIADILI TANPA BERDASARKAN UNDANG-UNDANG Cahyono, Rudi
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.28

Abstract

Abstract   Rehabilitation is the restoration of a person's rights in the original ability or position given by the court. In practice, compensation in criminal law can be requested for 2 things, namely: because of the actions of law enforcement officials and because of the actions of the defendant. Compensation is a person's right to obtain fulfillment of his demands in the form of compensation for a sum of money because he is arrested, detained, prosecuted or tried without any reason based on the applicable law or because of an error regarding the person or the law he applies Data collected through several references, reading books, which is then processed by several stages, namely editing, namely re-examination of all data that has been obtained. Organizing, namely compiling and systematizing the data that has been obtained, and analyzing, namely analyzing the data that has been collected, using the Descriptive Analysis Method. Furthermore, it concludes and is analyzed from the point of view of positive law in Indonesia.   Keywords: Rehabilitation, Compensation
PERLINDUNGAN HUKUM TERHADAP HAK MANTAN NARAPIDANA Cahyono, Rudi
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 1 (2023): March 2023
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i1.39

Abstract

Abstrack Human right are basic rights or citizenship inherent in individuals from the time they are born wich cannot be deprived and revoked of their existence and must be respected, upheld, and protected by the state and law. Likewise for ex-convicts to get to job and a decent living. The purpose of this study is to find out Law Number 39 of 1999 which regulates the protection of human rights for ex convicts to get a decent job and livelihood, and to find out why ex-convicts are discriminated against in the right to get a decent job. The research method used is normative juridical with a qualitative approach, namely by collecting and utilizing information related to this research. The results of this study indicate that the rights of former prisioners to get a decent job and life are regulated in Law Number 39 of 1999 concerning human rights, Article 38 Paragraph (1) concerning decent Work and Article 40 cncerning a decent life. Keywords : human rights and ex-convict
PROSES PENYIDIKAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK Cahyono, Rudi; Muhamad Dluha; Samsul Huda
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.50

Abstract

Abstract Children who incidentally have not been able to think and act maturely sometimes do things that are irregular and against the law that can result in harm to others so that the victims and perpetrators admit to being unfair to each other. crimes committed by children. The benefits of this research are to find out the efforts or processes of investigation and investigation of criminal acts carried out by children, the method taken using the Juridical Empirical method by combining primary and secondary data obtained from the field in the form of interviews and other legal sources. The research in writing this thesis is the mechanism of investigation and investigation carried out by the Probolinggo resort police in criminal acts committed by children is to use the legal basis of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The juvenile criminal justice system is in accordance with Law Number 11 of 2012. The suggestion of this research is that legal protection in the process of investigating children should be given more attention because this concerns the future of children who still need guidance from adults. Keywords: Investigation, Crime, Children
KREDIT BARANG DALAM SISTEM PEMBAYARAN PAYLATER DI TRANSAKSI JUAL BELI ONLINE Cahyono, Rudi; Hasan Basri; Fathul Qorib
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.51

Abstract

Abstract The impact of increasing technological progress and the internet seems to have contributed to the Indonesian financial system. One example is seen with the development of financial technology in the community. Fintech or financial technology is the name of an innovation in the field of financial services that iscombined with technology. Fintech is currently gaining popularity with the PayLater feature, aka pay later. The PayLater feature is very popular quickly due to the advancement of payment system technology in giant e-commerce such as Tokopedia, Shopee, Traveloka, Bukalapak, Kredivo, etc. This research is normative legal research. The researcher uses a data collection tool in the form of a literature study by examining OJK Regulation Number 77/POJK.01/2016. The main legal basis used in lending and borrowing activities in fintech activities is POJK 77 of 2016. In the Shopee PayLater service, the standard agreement scheme is used. So, for PayLater users, in activating the payment system, they should understand in advance about the terms and conditions, namely the contents of the agreement set by the e-commerce party and the organizer. from one of the parties on the Shopee PayLater service in the form of an administrative warning. PayLater users are expected to pay bills in accordance with the agreed time in order to avoid these sanctions. Keywords: Credit, PayLater, Buy and Sell Online.
PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DI KANTOR BPN KAB. PROBOLINGGO Rozi, Fathur; Cahyono, Rudi
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.56

Abstract

Abstract The land registration program through complete systematic land registration (PTSL) which targets land registration throughout Indonesia is expected to be completed in 2025. This is the first land registration activity to be carried out simultaneously. How is it implemented and what obstacles are faced by BPN Kab. Probolinggo in implementing the PTSL program. Apart from that, this research also aims to identify steps that can be taken to overcome these obstacles and increase the efficiency of PTSL implementation. This research uses an empirical juridical approach. Data was obtained through field case studies, literature and policy analysis relevant to the PTSL Program. This research found that PTSL has an important role in providing legal certainty and protection of land rights in Indonesia. However, obstacles faced include limited human resources, geographic challenges, and administrative complexity. To overcome this, it is necessary to increase recruitment and training of human resources, use of information technology, collaboration between related parties, and a holistic, technology-based approach. By overcoming these obstacles, PTSL can be implemented more efficiently and provide greater benefits in providing legal certainty and protection of land rights in Indonesia. Keywords: Land Registration, PTSL Program, Land Certificate
PEMBATALAN PERJANJIAN YANG DILAKUKAN OLEH SALAH SATU PIHAK Cahyono, Rudi; Abdur Rohim; Vera Wati
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.75

Abstract

Abstract This article discusses the phenomenon of cancellation of an agreement carried out by one of the parties in contract law. Cancellation of an agreement can occur for various reasons, such as violation of agreed terms, inability to fulfill obligations, or elements of fraud and coercion. In this study, the author analyzes the legal basis governing the cancellation of agreements, including provisions in the Civil Code (KUHPer) and general principles of contract law. Apart from that, this article also explores the legal consequences of canceling an agreement, both for the party canceling it and the party who is injured, as well as steps that can be taken to resolve disputes that arise as a result of the cancellation. This article aims to provide a deeper understanding of the legal implications of canceling an agreement and the importance of complying with the terms agreed upon in the contract. In this way, readers can understand the legal dynamics related to canceling agreements and the preventive steps that can be taken to avoid future conflicts. Keywords : contract law, cancellation