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All Journal Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Maya Intan Pratiwi
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Journal : Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial

 1 
Tanggung Jawab Pihak Bank atas Kesalahan Sistem Komputerisasi Kartu ATM pada Bank Mandiri Ditinjau dari Ketentuan Perlindungan Nasabah Syahrial; Maya Intan Pratiwi; Rian Prayudi Saputra
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 3 (2024): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 3 October 2024 - J
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i3.69

Abstract

In serving and providing these services, banks provide computer-based facilities that are indicators, not only of progress in banking itself but also of business competition between banks that also contribute to improving the country's economy. Related to computer-based services, one of the objects is ATM facilities. ATM stands for Automatic Teller Machine or Automated Teller Machine which in Indonesia can also be interpreted as Anjungan Tunai Mandiri, is one manifestation of a computerized system that is part of banking information system technology. From the results of the study, it can be concluded that banks as institutions that work based on public trust, have a very strategic role and position in national development. The main function of banks is to collect and distribute funds to the community, so that banks are actually intermediary institutions. As a financial intermediary institution, banks become intermediaries between parties with excess funds (surplus of fouds) with parties who lack/need funds (lack of fouds). And the form of bank accountability itself is realized by resolving cases administratively and also replacing losses experienced by customers. For customers of 1 bank, they are required to replace their ATM cards with new ones so that they can be used by the person concerned. For customers 2 banks are required to compensate for losses in accordance with the losses experienced by customer 2.
Kajian Hukum Pidana Terhadap Tindak Pidana Penyalahgunaan Narkotika yang Dilakukan Anggota TNI Dihubungkan dengan Pasal 103 KUHP Syahrial; Maya Intan Pratiwi; Rian Prayudi Saputra
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.139

Abstract

The regulation of military criminal law is subject to the KUHPM and also to criminal laws outside the KUHPM, including Law No. 35 of 2009 on Narcotics. The KUHPM does not explicitly regulate narcotics abuse; therefore, military courts apply Article 2 of the KUHP, which applies to all offenders, whether civilian or military. The principle of lex specialis derogate legi generalis applies, meaning the Narcotics Law, as a special regulation, takes precedence over the KUHP. Principal penalties are imposed based on Article 10(a) of the KUHP and Article 6(a) of the KUHPM, while additional penalties such as dismissal refer to Article 26 of the KUHPM. This article is mutatis mutandis, meaning it can be applied by the judge without being proven as an element of the offense. Judges have discretion in determining sentences but must base their decisions on complete considerations. If such considerations are lacking, the Supreme Court may annul the verdict. Case analysis shows that judges place greater emphasis on juridical considerations based on trial facts and statutory provisions.
Kasus Fidelis Ditangkap dan Ditahan atas Kepemilikan Batang Ganja untuk Pengobatan Sang Istri Ditinjau dari Aliran Realisme Hukum Syahrial; Maya Intan Pratiwi; Rian Prayudi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i2.42

Abstract

Legal realism is a school that does not agree with the existence of precedents (the existence of ties between a judge's decision and previous judge's decisions in dealing with similar issues). And understanding legal realism views the law as an advocate views the law. For an advocate, the most important thing in looking at the law is how to predict the outcome of a legal process and what the future holds for these legal rules. The school of legal realism actually hopes for the role of judges in realizing justice, so that in certain cases judges do not always adhere to the provisions contained in legislation only (rule-responsive), they also need to look at the situation that actually occurs in practice (fact-responsive). In this case, it seems that the judge took into account the existence of legal realism by assessing the facts that prompted Fidelis to commit a crime (possessing 39 marijuana stalks) for the treatment of his wife, so the judge imposed a sentence on Fidelis that was far from the minimum threat. And criticism of the school of legal realism was also raised regarding matters relating to its views on the judicial process. In this case, criticism is raised against the Normative statement and the concept of "logic", whereas the realist emphasis is only on difficult cases. Keywords: Ownership of Marijuana Stems, Treatment of the Wife, Legal Realism
Co-Authors Rian Prayudi Rian Prayudi Saputra Syahrial