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All Journal Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Consensus : Jurnal Ilmu Hukum
Haslindra, Dinda Nopriansary
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Paradigma Peran Regulasi tentang Hak Asasi Manusia dalam Penanganan Tindakan Terorisme sebagai Ancaman Kedaulatan Negara Haslindra, Dinda Nopriansary; Arisani, Muhammad Hakim; Zahra, Afifah; Tricahyani, Sofie Indah; Ilham, Muhammad; Ramadhansyah, Muhammad Rangga
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.1159

Abstract

When acts of terrorism emerge in a country, they certainly pose a great danger to the security and tranquility of the government and its citizens. Terrorist acts that tend to be inhumane are considered actions that are contrary to the 1945 Constitution of the Republic of Indonesia. However, on the other hand, terrorism itself is also considered as a human issue, so when they still hold the status of a suspect, they must also be protected by law and should not be subjected to discriminatory treatment by law enforcement officials handling them, in accordance with the 1945 Constitution, specifically Article 28D. Criminal law also requires the principle of equality before the law for anyone still in the status of a suspect as a guarantee of protection. All countries have limitations, and Indonesia itself prohibits illegal firearms. Terrorism itself is prohibited and carries the heaviest penalty, which is the death penalty, in accordance with Law Number 5 of 2018, which essentially restricts a person's right to live. Because the law states that humans must respect the rights of other humans. However, duty is above all else, so before citizens have the right to various freedoms, they must fulfill their duties according to the existing regulations. So, as a consequence of their actions that often contradict the obligations set by the law, the death penalty is the appropriate measure. Because Indonesia considers the theory of relativism as a limitation of rights, the death penalty should not be regarded as an evil thing.
Pertanggungjawaban Hukum Surety Company Terhada Obligee Atas Wanprestasi Oleh Principal Dalam Jaminan Performance Bond Haslindra, Dinda Nopriansary
Consensus : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

A breach of contract by the principal will result in losses that prevent the obligee’s rights from being fully satisfied. It is this breach of contract that will give rise to legal liability for the surety company, as the issuer of the performance bond, to compensate the obligee for losses resulting from the principal’s breach in accordance with applicable laws. Although the surety company is required to pay the claim directly, it is not uncommon for the obligee to receive only partial payment due to the fact that proving the breach of contract often leads to disputes. This study is a normative legal study supported by interview data, employing a statutory approach, a conceptual approach, and a case-based approach. Based on the research findings, the legal liability of a surety company regarding a performance bond under an agreement between the principal and the obligee is based on the principle of unconditional liability, meaning that claims must be paid immediately without the need for proof. If the obligee’s rights are not fulfilled, leading to a court dispute, legal action may be taken, accompanied by the presentation of evidence in court, until the claim is satisfied.
Co-Authors Arisani, Muhammad Hakim Muhammad Ilham Ramadhansyah, Muhammad Rangga Tricahyani, Sofie Indah Zahra, Afifah