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Penegakan  Hukum  Pidana Terhadap  Tindakan Pengemis Dan Gelandangan Di Kota Padang Berdasarkan  Peraturan  Daerah  No 11  Tahun 2005  Tentang  Ketertiban  Umum  Dan Ketentraman  Masyarakat Jimmy Aji Santuni; Sri Wahyuni; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 1 (2023): Jurnal Kajian Hukum Dan Kebijakan Publik
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/0ajhfe49

Abstract

Homeless people and beggars are social problems which are social problems in urban areas, not only in big cities but also in small towns. The acts of beggars and vagrants cause problems in society as well as existing laws or norms, begging in public places and vegrants are considered a social disease so that they can be categorized as a form of crime. According to criminal law it is prohibited and is a criminal act that deserves punishment, general criminal sanctions for this activity are regulated in the criminal code, however the regional government through the perda the act of beggars and homeless people violates the padang city regional regulation number 11 of 2005 concerning public order and public peace in article 2 paragraph (4) and article 4 paragraph (7), formulation of the problem 1) how is law enforcement carried out by the satpol pp against the crime of homeless people and beggars in padang city based on padang padang city regional regulation  number 11 of  2025 concerning public order and public peace? 2) what are the obstacles and efforts made by satpol pp in enforcing the law against beggars and homeless people in padang city based on padang city regional regulation number 11 of  2005? The research method is empirical, namely a legal research method that functions to see the law in a real sense and research how the law works in society. So far, beggars and homeless people in the city of Padang will only be given rehabilitation and some will be sent home after being in temporary shelter for selection. This selection process refers to Article 12 in the government Regulation of the Republic of Indonesia Number 31 of 1980 concerning beggars and Homeless. The obstacles faced by the Padang City Satpol PP in taking action against beggars and homeless people in public are: 1) internal factors, facilities and inferastrukture. 2) External factor, community legal awareness. Conclusion: 1) forms of law enforcement against acts of vagrancy and begging commited in public places so far rarely use criminal provision in dealing with thes action. In fact, the criminal provision against sprawl were previously regulated in the Padang City Regional Regulation 2)There are 2 obtacles that become obstacles for the Satpol PP, namely internal (lack of facilities and infrastructure) and external (lack of public awareness).
Perlindungan Hukum Terhadap Perempuan Korban KDRT(Kajian Terhadap Implementasi Keadilan Restoratif) Friderika Friska Telaumbanua; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 1 (2023): Jurnal Kajian Hukum Dan Kebijakan Publik
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/7v5zzn11

Abstract

The percentage increase in domestic violence cases that changes from year to year illustrates that resolving cases using restorative justice efforts is less efficient. The author is interested in knowing the concepts and principles of restorative justice regulated in Indonesian legislation, especially in the context of legal protection for women victims of domestic violence and the author wants to know whether there is a discrepancy between the principles of restorative justice and the legal norms that apply in handling cases. Domestic Violence. The author uses a normative juridical approach with descriptive analytical research characteristics, using secondary data sourced from literature review. The concept of restorative justice focuses on resolving cases that focus on a dialogue process involving the perpetrator, victim and the perpetrator/victim's family, as well as related parties to jointly create a fair and balanced case resolution for both the victim and the perpetrator, by prioritizing recovery in the circumstances of all , the principles used in resolving cases through restorative justice efforts are the principles of recovery and reconciliation, the principles of participation and collaboration, the principles of responsibility and accountability, the principles of personal growth and behavior change, the principles of a holistic approach. In its implementation, a discrepancy arises between the principles of restorative justice and legal norms in Indonesia, domestic violence crimes are generally carried out with an element of intent, this is contrary to one of the material requirements that must be fulfilled in handling criminal cases through restorative justice.
Pelaksanaan Dispensasi Kawin Bagi Anak Yang Masih Di Bawah Umur Di Pengadilan Agama Pariaman Kelas 1B (Studi Putusan Nomor 3/Pdt.P/2022/Pa.Prm) Chiara Amelia; Helfira Citra; Rianda Prima Putri
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/1x8yhj64

Abstract

In writing this thesis, the author discusses the problem of implementing a marriage dispensation at the Pariaman Class IB Religious Court. This is motivated by the existence of a marriage dispensation application at the Pariaman Religious Court Class 1B which invites questions about how the legal arrangements for marriage dispensation at the Pariaman Class 1B Religious Court and the basis for judges' considerations in granting the marriage dispensation application at the Pariaman Class 1B Religious Court. As for the writing method that the author uses, namely, qualitative data analysis, in which the author uses qualitative descriptive as well as document studies of the data in the Pariaman Religious Court Class 1B and interviews with the Pariaman Class 1B Religious Court judges as well as applicants who apply for a marriage dispensation. The results of this study indicate that the legal regulation of marriage dispensation is regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974, Regulation of the Supreme Court Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation and the Compilation of Islamic Law. The judge's consideration in granting a marriage dispensation case is due to urgent reasons such as pregnancy out of wedlock, an already intimate relationship. The Religious Courts provide a marriage dispensation for the benefit of human life not only referring to the law but also based on the benefit of mursalah in order to avoid actions that are prohibited by customary and religious norms. It is recommended that parents pay more attention to their children's association so that undesirable things do not happen and that the judges of the Religious Courts in considering the application for a marriage dispensation must be more selective to reduce the occurrence of underage marriages even though the law has regulated the granting of marriage dispensations.
ANALISIS YURIDIS MENGENAI AKIBAT HUKUM TERHADAP PERUSAHAAN PAILIT YANG TIDAK MELAKUKAN JAMINAN BELI KEMBALI DALAM HUKUM BISNIS Helfira Citra; Elwidarifa Marwenny; Sry Wahyuni; Fatima Zahra Noer Hermansyah
Ensiklopedia Research and Community Service Review Vol 5, No 10 (2026): Vol. 5 No. 10 Juli 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v5i10.3914

Abstract

This research aims to analyze the legal position of bankrupt companies that do not provide buy-back guarantees as preferred creditors and examine the legal consequences that arise in bankruptcy practice. The background of this research is that company bankruptcy causes fundamental changes to the legal position of companies and even workers/laborers, from subjects of employment relations to creditors in the bankruptcy process. In the Indonesian legal system, companies are recognized as preferred creditors who have priority rights to payment of wages and other normative rights because wages are alimentary and are the main source of livelihood for workers and their families. This research uses a descriptive qualitative method with a library research approach, namely by reviewing various classical and contemporary literature related to the concept of the Company in business law. Data sources were obtained from the Civil Code, laws (especially the Company Law (UU No. 1 of 1995) and the Bankruptcy Law), as well as scientific journals. The research results show that harmonization of regulations and strengthening of protection mechanisms is needed to ensure the fulfillment of the principles of legal certainty and social justice in business law. The conclusion of this research confirms that the application of legal certainty in company law is the key to achieving balance and success. Keywords:  Company, Bancrupt and Buyback
Implementasi Undang-Undang Perlindungan Konsumen Dalam Transaksi Elektronik Rahma Yulia; Riri Rardayani; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

There is a new feature in the trading system due to the rapid advancement of information technology. After several years, transactions are increasingly being carried out in Indonesia using online media. Sometimes, online sales transactions use social media platforms such as Facebook or mobile phones as a means of communication. This internet-based business model also applies to virtual systems, stores and virtual companies where business actors run their businesses and trade through the internet and no longer rely on real conventional company businesses. The formulation of the problem is 1) Implementation of Law Number 8 of 1999 concerning consumer protection in electronic transactions in Indonesia, 2) The role of the government in supervising and enforcing consumer protection in digital transactions of the Consumer Protection Agency in Indonesia. To answer these problems, a type of normative juridical research is used, namely a method of data collection that involves understanding and studying theories from various literature sources that are relevant to the research. 1. Consumer protection is an important part of the legal system that strengthens the bond between consumers and business owners, in order to protect consumer rights in the consumption of goods and services. Regulation Number 8 of 1999 concerning Consumer Protection (UUPK) is the main legal basis 2. Consumer Protection Institutions in Indonesia have an important role in protecting consumer rights from injustice in transactions of goods and services. One of the main organizations is the Consumer Dispute Resolution Agency (BPSK), which was established as an alternative to the official courts for the courts.
Tinjauan Hukum Perlindungan Konsumen terhadap Praktik Pengumpulan dan Penggunaan Data Pribadi oleh Pelaku Usaha Rahmad Adip Rizki Perdana; Abid Aulia Hilmi; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Due to the advancement of information technology, businesses are increasingly relying on consumer privacy data as a critical component of their digital operations. However, the process of collecting and using private data by businesses frequently violates consumers' privacy. The purpose of this research is to examine Indonesian legal practices regarding consumer privacy protection in the digital business sector. Yuridis normatif is the method used, which involves examining many laws, such as the Rancangan Undang-Undang Perlindungan Data Pribadi (RUU PDP), the Undang-Undang Perlindungan Konsumen, and the Undang-Undang Informasi dan Transaksi Elektronik (ITE). The study's findings indicate that as of right now, undang-undang does not provide consumers with comprehensive protection.
Perlindungan Konsumen Terhadap Kerugian Akibat Skimming dan Kebocoran Data di Bank Ria Yusnita; Lydia Aprilia Pritiwi; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This research analyzes how Indonesian consumers are protected from financial losses due to cybercrimes like card data theft (skimming) and personal information breaches within the banking sector. Given the rise of such incidents, we examine the relevant legal framework, specifically the Consumer Protection Law and OJK (Financial Services Authority) regulations, to understand their effectiveness in safeguarding customers. The primary focus of this study is to investigate exoneration clauses often found in agreements between banks and customers, which potentially limit the bank's liability when these incidents occur. Using a normative approach, we also identify existing dispute resolution processes and various challenges consumers face when filing claims. We anticipate that the findings of this study will yield concrete recommendations to strengthen regulations, enhance bank operational transparency, and educate consumers, ultimately contributing to a safer and fairer banking system.
Mengulas Regulasi Mengenai Keamanan Data Pribadi Konsumen Dalam Kegiatan Jual Beli Online Nadia Rahma Fitri; Fitri Dwi Nurmaliza; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The advancement of information technology has significantly increased online buying and selling (e-commerce) activities, but it has also raised issues regarding the protection of consumers' personal data. This journal discusses the legal regulations governing the security of personal data in online transactions and the responsibilities of business actors in safeguarding such data. The research uses a normative juridical approach by analyzing various laws and regulations, including Law No. 8 of 1999 on Consumer Protection, the Electronic Information and Transactions Law (ITE Law), and Law No. 27 of 2022 on Personal Data Protection. The findings reveal that although several regulations provide rights and protection for consumers' personal data, there remains a legal gap concerning the specific responsibilities of e-commerce operators. Personal data protection in e-commerce requires transparency, clearly defined legal accountability, and standardized privacy policies. Therefore, regulatory harmonization and increased legal awareness among business actors and consumers are essential to ensure the optimal protection of consumer rights in the digital era.
Perlindungan Konsumen terhadap Fintech Lending dan Penagihan Tidak Etis Fiqhi Dzahabi; Edo Nugraha; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The rapid advancement of information technology has significantly transformed global civilization, including the financial sector through the emergence of Financial Technology (fintech). One of the most widely used forms of fintech in Indonesia is Peer-to-Peer (P2P) Lending, which offers easy access to financing without collateral through digital platforms. However, this rapid growth has also raised new challenges, particularly regarding consumer protection. This study employs a normative juridical approach with descriptive-analytical specifications to examine the legal framework for consumer protection in P2P Lending services. The findings reveal that although the Electronic Information and Transactions Law (ITE Law) does not explicitly regulate fintech lending, various regulations such as OJK Regulation No. 77/2016, No. 13/2018, and No. 06/2022 provide legal protection through both preventive and repressive measures. Furthermore, the enforcement of administrative and criminal sanctions against illegal fintech operators is essential, along with the reinforcement of the principle of good faith in debt collection practices. Thus, a more comprehensive and stringent regulatory framework is needed to ensure legal protection, personal data security, and consumer confidence in P2P Lending services.
Perlindungan Hukum Bagi Konsumen Dalam Transaksi Jual Beli Online (E-Commerce) Agung Maghfira Mubila; Ikhsan Fadillah; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The development of digital technology has transformed the consumption patterns of modern society by introducing an internet-based trade system known as e-commerce. This transaction model provides ease and speed in the buying and selling process, but it also harbors various risks for consumers. Consumers are often harmed by the actions of irresponsible business actors, such as the delivery of goods that do not match, delays, and even fraud. This study aims to analyze the legal protection of consumers in e-commerce transactions based on the applicable laws and regulations in Indonesia. This research uses a normative jridical method, with an approach to legislation, legal literature, and case studies. The results show that although consumer protection has been explicitly regulated in various regulations such as Law No. 8 of 1999 concerning Consumer Protection, the ITE Law, and Government Regulation No. 80 of 2019 concerning. Electronic Trading Systems, however, its implementation still faces significant challenges both from technical, legal, and public awareness perspectives. This analysis provides an in-depth overview of legal protection efforts as well as recommendations that can be implemented to enhance the effectiveness of consumer protection in the future.