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Helfira Citra
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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. 2 (2024): Januari - Juni
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) Telaumbanua, Friderika Friska; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
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.
Keabsahan Tanda Tangan Elektronik Dalam Pelaksanaan Cyber Notary Adrian F Harefa; Elwidarifa Marwenny; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/qhfxw823

Abstract

Indonesia, which is in the era of globalization, is characterized by the era of Information and Communication Technology (ICT) which introduces the virtual world (cyberspace, virtual world) via the internet network, communication with paperless electronic media. Indonesian society has entered the virtual world which is abstract, universal, independent of the conditions of place and time through the media, and in today's developments, Notaries have also experienced technological advances as developments in society in carrying out their duties and functions as public officials, one of which is Electronic signature in Cyber Notary. In the provisions of Article 15 paragraph (3) of Law Number 2 of 2014, it is stated that other authorities regulated in statutory regulations include: authority to certify transactions carried out electronically (cyber notary), make deeds of waqf pledges and airplane mortgages, However, this provision is in conflict with Article 16 paragraph (1) letter m of Law Number 2 of 2014 which states that a Notary is obliged to read the deed in front of an audience in the presence of 2 (two) witnesses. Meanwhile, the cyber notary's position here is not directly in front of the Notary but through electronic means such as teleconference or video call, as well as Article 5 paragraph (4) in Law Number 11 of 2008, namely the provisions regarding electronic information and/or electronic documents which states that letters and documents which according to the law must be made in the form of a notarial deed or deeds made by deed-making officials must be made in written form, thereby giving rise to legal issues. The problem formulation includes 1). How to review the law regarding electronic signatures in notarial deeds based on Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 2 of 2014 regarding amendments to Law Number 30 of 2004 concerning the Position of Notaries ; 2). What are the legal consequences of applying digital signatures in notarial deeds? To answer this question, a normative juridical approach is used, namely an approach through literature study by examining legislation related to the problem formulation. And based on the results of this research, it is concluded that certification of transactions using a cyber notary remains valid in accordance with Article 15 paragraph (3) of Law Number 2 of 2014 which gives notaries the authority to certify transactions using a cyber notary while still paying attention to the following elements. elements of an authentic deed in Law Number 2 of 2014 and Article 1868 of the Civil Code which are the authenticity of the deed, the authority to make the deed as well as reading and signing using a cyber notary in the notary's work area and the deed remains valid as long as the form of the deed complies with the provisions of Article 38 Law Number 2 of 2014 and article 1868 of the Civil Code and the Utilization of Internet Protocol addresses (IP addresses) serve as references for datagrams so that they can arrive and be received on the intended device in order to avoid abuse of authority outside the Notary's area of office.
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 - Desember
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.
Perjanjian Build Operate and Transfer (BOT) dalam Perspektif Hukum Bisnis Israni Cahyanti; Abel Putra Beyu; Alya Amelisa; Dhio Endika Putra; Nailul Faizah Putri; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Build Operate and Transfer (BOT) agreements constitute a form of cooperation between the government and private entities that is widely applied in the utilization of state or regional assets and infrastructure development. This type of agreement has emerged as an alternative financing mechanism in response to limited public funding, while also encouraging private sector participation in business activities involving public interests. However, in practice, BOT agreements often raise legal issues related to legal certainty, legal protection for the parties, and the legal consequences arising from the failure to fulfill the legal requirements of a valid contract. This study aims to analyze the role of BOT agreements in creating legal certainty and legal protection, to examine efforts to minimize legal violations in the implementation of BOT agreements, and to assess the legal consequences arising when the legal requirements of a valid contract are not fulfilled. The research employs a normative juridical method using statutory and conceptual approaches. The data were obtained through a literature study of relevant laws and regulations, particularly the Indonesian Civil Code, as well as legal doctrines and scholarly articles related to contract law and BOT agreements. The findings indicate that BOT agreements play a crucial role in ensuring legal certainty by clearly regulating the rights, obligations, and responsibilities of the parties from the construction phase to the operation and eventual transfer of assets. Furthermore, BOT agreements serve as a means of legal protection for both the government and private investors through the application of contract law principles, sanctions for breach of contract, and dispute resolution mechanisms. Nevertheless, the effectiveness of BOT agreements is highly dependent on the fulfillment of the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. Failure to meet these requirements may result in contracts being voidable or null and void, potentially causing significant legal and economic losses. Therefore, careful drafting and implementation of BOT agreements based on good faith principles are essential to ensure legal certainty and protection for all parties involved.
Pembiayaan Dalam Perspektif Ekonomi Dan Hukum Muhammad Faris Al Hadi; Muhammad Fathir Alghifari; Priska Pebriana; Lulu Putia Zubir; Indah Permata Ali; Helfira Citra
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Financing is an essential instrument in the financial system that plays a significant role in supporting economic activities and promoting economic growth as well as public welfare. This study aims to analyze the concept and role of financing in economic activities, the legal basis and implementation mechanisms of financing in Indonesia, and the problems and settlement of financing from economic and legal perspectives. This research employs a normative legal research method with a juridical-normative approach, supported by library research on statutory regulations, academic literature, and data from financial authorities. The results indicate that financing contributes significantly to economic growth, particularly in the development of micro, small, and medium enterprises (MSMEs), and enhances the effective utilization of funds through the intermediation function of financial institutions. From a legal perspective, financing in Indonesia is regulated comprehensively under Law Number 10 of 1998 on Banking, the Indonesian Civil Code, and implementing regulations issued by Bank Indonesia and the Financial Services Authority. However, in practice, financing still faces challenges in the form of non-performing financing due to debtor default. Therefore, financing restructuring and the application of the prudential principle are essential measures to ensure legal certainty and maintain the stability of the financial system.
Kajian Hukum Asuransi Dalam Perspektif Hukum Bisnis di Indonesia Kevin Aurel Hendra; Nathasya Calista; Zaskia Fadhillah; Najwa Fadilah Affandi; Wahyu Firmansyah; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/8ck3c288

Abstract

This study examines the concept and application of insurance within the framework of business law, with particular emphasis on legal regulation, fundamental insurance principles, and dispute resolution in insurance claims. The research employs a normative juridical method through statutory and literature approaches, analyzing relevant laws, regulations, and legal doctrines related to insurance practices. The findings indicate that insurance plays a crucial role in providing legal protection and financial security by transferring risk from the insured to the insurer. However, in practice, disputes frequently arise due to differences in the interpretation of policy provisions and the application of the principle of indemnity. These issues highlight the importance of legal clarity, transparency, and good faith in insurance agreements. Therefore, a comprehensive understanding of insurance principles and contractual obligations is essential to ensure legal certainty and fairness for both insurers and policyholders.
Penerapan Hukum Kepailitan Dalam Penyelesaian Utang-Piutang Alya Afifa Riyadi; Aulia Az-zahra; Bilhaya athar; Gilang Annugrah; Mayluna Ardiaty; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/3yjq9f84

Abstract

Debt issues are a common problem in the world of economics, both for individuals and companies. The inability of debtors to repay maturing debts can cause losses for creditors and legal disputes. To overcome this, bankruptcy law and Debt Payment Postponement (PKPU), as regulated in Law Number 37 of 2004, are available as mechanisms for collective and structured debt settlement. This paper aims to examine the application of bankruptcy law in debt settlement in Indonesia, explain the stages of the bankruptcy process, identify the parties involved and their roles, and analyze the legal implications for debtors and creditors. The research method employed is a normative juridical approach, involving a literature study that examines laws, regulations, and scientific journals found on the internet. The results of the study show that bankruptcy law provides legal certainty and protection through the fair distribution of bankruptcy assets based on the pari passu pro rata parte principle.
Arbitrase dan Litigasi dalam Penyelesaian Sengketa Bisnis di Indonesia Agil Putri Ramadhani; Izdahara Rizka; Melodi Tiara Pane; Ilham; Yusuf Hidayat; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/h9zvp464

Abstract

This article analyzes the comparative effectiveness and efficiency of arbitration and litigation in the resolution of business disputes in Indonesia in order to achieve legal certainty. Dispute resolution through litigation offers formal legal certainty and ease of enforcement of court decisions; however, it has several drawbacks, including lengthy procedures, high costs, and open court proceedings that may compromise confidentiality and damage business reputation. In contrast, arbitration provides advantages such as faster and more flexible procedures, confidentiality, and the ability of the parties to appoint arbitrators with expertise relevant to the subject matter of the dispute. The determinant factors influencing the choice of dispute resolution mechanism include time efficiency, cost considerations, information confidentiality, the sustainability of long-term business relationships, and the technical complexity of disputes. Based on these factors, strategies for optimizing arbitration include the inclusion of clear arbitration clauses in contracts, the selection of accredited arbitration institutions such as the Indonesian National Arbitration Board (BANI), the implementation of pre-arbitration negotiations, and the use of e-arbitration with end-to-end encryption systems to ensure confidentiality and effective enforcement of arbitral awards. Therefore, strengthening regulations and enhancing the capacity of national arbitration institutions are essential to support a stable and sustainable investment climate in Indonesia.
Peran Literasi Keuangan Dalam Menekan Risiko Hukum Investasi Di Pasar Modal Indonesia Jahraa Salsabiil Bahi Efendi; Indra Nova; Sofi Indriani; Reyvanda Yudi Putra; Radhi Muhammad Arfa; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/e7ze2f98

Abstract

Financial literacy is a fundamental factor in supporting sound investment decision-making and minimizing legal risk in the Indonesian capital market. Low levels of investor financial literacy have the potential to lead to various legal issues, such as misunderstanding the characteristics of investment instruments, legal rights and obligations, and increased vulnerability to illegal investment practices. This study aims to analyze the role of financial literacy in mitigating legal investment risks in the Indonesian capital market. The research method used is a qualitative approach using literature review techniques, sourced from scientific journals, capital market laws and regulations, and official publications of relevant authorities. The results indicate that improving financial literacy can enhance investors understanding of investment law, encourage more rational investment behavior, and raise awareness of available legal protection mechanisms. Thus, financial literacy plays a preventive role in reducing the potential for disputes and legal violations in the Indonesian capital market. This research is expected to serve as reference for regulators, market players, and academics in formulating strategies for improving sustainable financial literacy.
Co-Authors Abel Putra Beyu Abid Aulia Hilmi Adi Guna Wira Yudha Adinda Thania Sofyan Adrian F Harefa Afran Ghany Agil Putri Ramadhani Agung Maghfira Mubila Ainil Muharani Aji Ramadhan, Satria Aliyah Risky Ramadhani Alya Afifa Riyadi Alya Amelisa Alya Yumna Zulfa Berti Ammar Zhafran Anidya Laspendra Anjeli Afriani Anzila Mafaza Aprilla Yunita Aulia Anitami Aulia Az-Zahra Aulia Marsha Baginda Akbar Edison Bilhaya athar Cantyka Wandira Chiara Amelia Christopher Manalu Cinta Nayla Gadinda Darsono Citra Maharani Dehan Fahresta Dhio Endika Putra Dhiya Adilah Muslim Dwi Keisya, Fanny Dzaky Naufal Tsany Edo Nugraha Fadhil Arkan Fanny Nazalia Triananda Farhan Adry Pratama Farren Qhuntum Khaira Fiorenza Adelia Dome Fiqhi Dzahabi Fira Rahmanda Sari Fitri Dwi Nurmaliza Gilang Annugrah Halim Darajat Helga Putri Dahayu Icha Anggraini Ikhsan Fadillah Ikhsan Kamil ILHAM Ilhan Mansiz , Muhammad Indah Febriyana Indah Permata Ali Indra Nova Israni Cahyanti Israq, Nabilah Izdahara Rizka Jahraa Salsabiil Bahi Efendi Jimmy Aji Santuni Kevin Aurel Hendra Khairunnisa Lativa Putriyadi Lulu Putia Zubir Lutfiah Azizah Lydia Aprilia Pritiwi M. Ilham Fachrozi M. Rafi Marwenny, Elwidarifa Mayluna Ardiaty Melodi Tiara Pane Miranda Muhammad Aditya Osyra Muhammad Agall Lanefi Wawen Muhammad Ainur Ridho Muhammad Dzaky Adelio Muhammad Faris Al Hadi Muhammad Fathir Alghifari Muhammad Goefron Muhammad Ihsan Hanafi Muhammad Luthfi De Vitra Muhammad Prima Aulia Sabari Muthia Kayla, Siti Muthia Maghfira Nadia Rahma Fitri Nafa Faudilah One Shuc Nailul Faizah Putri Najwa Fadilah Affandi Najwatillah Khairani Nathasya Calista Nur Aisyah, Siti Priska Pebriana Puti Annisa Erwan putri, amanda Qonita Nailah Basri Radhi Muhammad Arfa Rahma Yulia Rahmad Adip Rizki Perdana Raja Syahnan Paparanta Reyvanda Yudi Putra Ria Yusnita Rianda prima putri Rida Ardiana Ridho Ammatullah Rido Yosep Angelio s Ridwandi Saputra Riri Rardayani Riri Wardayani Rizki Mahendra Robbiah Nurul Hidayati Salsabila Alya Putri Satrio Dana, Haris Shabhan Dzaky Sofi Indriani Sonya Agus Suryani Sri Wahyuni Syahidan Ilmi Syukran Harbelin Telaumbanua, Friderika Friska Tiara Intan Dafitra Viola Safitri WAHYU FIRMANSYAH Wahyu Hendri Wahyu Risyah, Dhimas Widia Keisya Octavianda Wieke Azhara Boesye Yolanda Sefriani Yulialni, Melisa Yusuf Hidayat Zaskia Fadhillah Zulfan Adi Putra Zulfi Aini