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Jurnal Selat

selat
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Published by Universitas Maritim Raja Ali Haji

ISSN : 23548649 EISSN : 25795767 DOI : https://doi.org/10.31629/selat

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Selat is Scientific Journal Published Periodically by Law Studies Program, Faculty of Social and Political Science Universitas Maritim Raja Ali Haji. Jurnal Selat is Biannual, Published Twice a Year, which is in May and October. Jurnal Selat was first published in 2013 with the aim for the development of law studies. Term â€œSelatâ€ (in Bahasa: Strait) is based on geographic feature Riau Island Province as Archipelagic Provinces and near Strait of Malacca. Jurnal Selat has the vision to contribute the development of law studies which include Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Customary Law and International Law

Arjuna Subject : Ilmu Sosial - Hukum

Articles 231 Documents

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Problematika Norma Landasan Partai Politik Indonesia Emy Hajar Abra
Jurnal Selat Vol. 8 No. 2 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

The interpretation of political parties in the political party law can be used as the heart of the political party law. Unfortunately, the problem of norms related to the basis of political parties is not properly emphasized, on the contrary, it becomes multiple interpretations on the basis of political parties which should be the only source of law in determining the basis of political parties in Indonesia. This clearly causes the weak implementation of the law on political parties. This can certainly be seen how each political party can provide a multi-basic basis on the basis of norms as stated in the political party law. In fact, if examined more deeply, the law on political parties does not give room for multiple interpretations when referring to the definition of political parties.

Pengaruh Kedaulatan Rakyat Terhadap Hubungan Dewan Perwakilan Rakyat Daerah Dengan Badan Pemeriksa Keuangan Agmalun Hasugian; Nam Rumkel; Irham Rosyidi
Jurnal Selat Vol. 8 No. 2 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

This research focuses on the implementation of peopleâ€™s sovereignty in the 1945 Constitution of the Republic of Indonesia and its implementation in the working relationship of the Supreme Audit Agency (BPK) and the Regional People's Representative Council (DPRD). The research problem raised is how people's sovereignty affects the relationship between DPRD and BPK and what are the relationships between the two institutions that are influenced by people's sovereignty. To reveal the research problem, normative legal research is used which prioritizes secondary data with two approaches, namely the legal approach and the conceptual approach. The results of the study show that the people's sovereignty in the constitution is realized through one of its principles, namely accountability. Accountability is the embodiment of people's sovereignty as a form of accountability to the people as the giver of the mandate. This principle also underlies the relationship between the DPRD and the BPK which independently has the authority to implement accountability. The relationship between the two institutions is the implementation of accountability in the horizontal dimension, namely (1) checks and balances, namely the examination of the BPK to the DPRD and the submission of the report on the results of the examination by the BPK to the DPRD; (2) Form of Follow-up on Examination Results; and (3) DPRD involvement in planning the examination. As well as accountability to the people, both by the BPK and DPRD in the dimension of vertical accountability.

Tanggung Jawab Pidana Pengurus Koperasi Simpan Pinjam Atas Keterlibatan Dalam Tindak Pidana Pemalsuan Surat (Analisis Putusan Pengadilan Negeri Sukoharjo Nomor 111/ Pid.B/2015/PN.Skh) Tin Sri Mulyawati Rukmana
Jurnal Selat Vol. 9 No. 1 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

A cooperative is a legal entity that is structured as a joint effort based on the principles of kinship and economic democracy. One of the cooperative organs is the management, which in the management of the cooperative, the management can appoint managers who are given the authority and power to manage the business. The use of the term Manager is intended to cover a broader understanding and provide an alternative for Cooperatives. Thus, according to its interests, the Cooperative can appoint Managers as managers or directors. This study analyzes criminal liability for letter falsification by the management of the Cooperative. The research method used is normative legal research using a statutory approach and a conceptual approach. The results showed that the act of counterfeiting letters carried out by cooperative management could be subject to criminal liability if it was proven and fulfilled all the elements in Article 264 of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code, namely the existence of a criminal act (against the law), above a certain age can responsible, has a form of error in the form of intentional or negligence and there is no forgiving reason.

Penerapan Sanksi Hukum Gawal (Kawin Paksa) Dalam Penyelesaian Pelanggaran Kesusilaan Di Kecamatan Tungkal Ulu Kabupaten Tanjung Jabung Barat Jambi Erdianto Effendi
Jurnal Selat Vol. 8 No. 2 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

The application of customary criminal sanctions in the Malay community in Tungkal Ulu District in the past was a gawal penalty (forced marriage). Viewed from the aspect of human rights, forced marriage is often considered as a form of human rights violation. Through this research, it is concluded that forced marriage (gawal) in the Tungkal Ulu Malay community does not constitute a violation of human rights because it is carried out on the basis of justification by the local social system and is not something that is against the wishes of the forced partner. Even gawal is basically wanted by the couple

Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China Fithriatus Shalihah; Muhammad Raka Fiqri; Mohd. Arief
Jurnal Selat Vol. 8 No. 2 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.

Tanggung Jawab Pelaku Usaha Terhadap Standar Mutu Kosmetik Bagi Konsumen Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Nofiardi Nofiardi; Iriansyah Iriansyah; Yetti Yetti
Jurnal Selat Vol. 8 No. 2 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Consumer protection is all efforts that ensure legal certainty to provide protection to consumers. This study aims to explain the responsibility of business actors to cosmetic quality standards for consumers based on Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative legal research. In the decision of the Batam District Court Number 986/Pid.Sus/2016/PNBtm, Miau Kiuk alias Grace, an illegal cosmetic business actor, was sentenced to imprisonment for 4 months and 15 days and a fine of Rp. 5,000,000.00 without any accountability to the consumer. In the decision of the North Jakarta District Court Number 1616/Pid.Sus/2016/PNJktUtr, William Perkasa, an illegal cosmetic business actor, was sentenced to imprisonment for 1 year 6 months and a fine of Rp. 1,000,000,000.00 without any accountability to the consumer. In the decision of the Payakumbuh District Court Number 98/Pid.Sus/2017/PNPyh, Armen Dahlan, an illegal cosmetic business actor, was sentenced to prison for 1 month and a fine of Rp. 3,000,000.00 without any accountability to the consumer. Law enforcement officers should apply maximum sanctions to illegal cosmetic business actors accompanied by accountability to consumers who become victims as regulated in Law Number 8 of 1999 concerning Consumer Protection.

“Menggugat” Putusan Mahkamah Konstitusi Nomor 46/PUU-XIV/2016 Wira Atma Hajri; Rahdiansyah Rahdiansyah
Jurnal Selat Vol. 9 No. 2 (2022): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v9i2.3834

Through Decision Number 46/PUU-XIV/2016, the Constitutional Court affirms that the Constitutional Court is not authorized to extend a legal norm or create a new norm, even though the tested norm is related to the blessing of this nation, namely adultery. Therefore, this research aims to determine whether or not the Constitutional Court can form a new norm in cases of judicial review. This research is a legal search that uses a statutory approach, a sociological approach, a historical approach, a conceptual approach, and a comparative approach. The Constitutional Court can form new norms for several reasons, namely the existence of the Constitutional Court Decision Number 48/PUU-IX/2011 which cancels articles regarding the prohibition of the Constitutional Court to form new norms, legal politics of judicial power in Indonesia, the need for law in society, and the practice that has occurred so far in which the Constitutional Court has several times established new norms. However, the most important reason is the existence of Article 29 Paragraph 1 of the 1945 Constitution as the main basis for the state to state that the State is based on One Godhead. The consequence is that things that smell of immorality must not be allowed to live in Indonesia. Disobedience certainly brings anger from Allah.

Implikasi Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII Tentang Uji Materi Undang-Undang Nomor 11 Tahun 2020 Muhammad Alpi Syahrin; Alfikri Alfikri
Jurnal Selat Vol. 9 No. 2 (2022): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v9i2.4188

After the promulgation of Law Number 11 of 2020 concerning Job Creation, there are still various responses and a judicial review application has even been submitted to the Constitutional Court (MK). Several points in the minutes of the Constitutional Court's decision have legal implications. This paper analyzes the Constitutional Court Decision Number 91/PUU-XVIII concerning the Judicial Review of Law Number 11 of 2020 concerning Job Creation and the executive power of the Constitutional Court against the Judicial Review of Law Number 11 of 2020 concerning Job Creation. The research method in this paper is normative. It is normative because it uses secondary data to examine rules or norms. This research is descriptive in nature so that researchers try to describe the object or present a complete picture of the object or subject under study in accordance with the circumstances as they are with the aim of systematically describing the facts and characteristics of the object or subject being studied appropriately. The results of the discussion show that the Constitutional Court Decision Number 91/PUU-XVIII concerning the Judicial Review of Law Number 11 of 2020 concerning Job Creation has provided legal implications, namely improvements were made within the specified time limit and a prohibition on issuing new implementing regulations related to the Act. -Copyright Act.

Analisis Yuridis Penanganan Perkara Perdata dengan Mediasi untuk Meneguhkan Esensi Negara Hukum di Pengadilan Negeri Tanjungpinang Kelas 1A Ratna Susanti
Jurnal Selat Vol. 10 No. 1 (2022): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v10i1.4371

In Article 7 paragraph (1) Perma No. 1 of 2016 it is stated that the parties and or their legal representatives are required to take mediation in good faith. The objectives of this research are; To find out the Legal Arrangements regarding the Handling of Civil Cases in Indonesia; To find out the implementation of the handling of civil cases by mediation; To find out the factors that become obstacles or obstacles as well as efforts to handle civil cases by mediation. This study uses a descriptive method with normative and sociological research types using a normative approach (legal research) to obtain primary data through field research (research). The results showed that; (1) Legal arrangements for mediation in civil cases based on Supreme Court Regulation No. 1 of 2008 are not effective in the settlement of civil cases in court from a time perspective, so it will extend the time, which in the end cannot fulfill the principles of simple, fast, and low-cost justice; (2) The implementation of mediation according to the Regulation of the Supreme Court no. 1 of 2008 is less effective because mediation is only to carry out its formal mechanism, does not seek to find the best solution in handling cases, and disputes that are submitted to the court; (3). The obstacles in taking the mediation procedure carried out by the parties in the District Court and the Supreme Court are caused by: (1) the factors of the parties; (2) No Good Faith Factor; (3) the inability of the mediator factor; (4) Factors Lack of Advocate Support through Mediation.

Pemidanaan Terhadap Pekerja Seks Komersial Melalui Aplikasi Michat The Liability of Prostitute On Michat Putu Eva Ditayani Antari
Jurnal Selat Vol. 9 No. 2 (2022): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31629/selat.v9i2.4386

In this pandemic era, technology is an alternative way to do activities to facilitate human activity. The legal aspects that regulate life which aim to regulate harmonization between humans are often violated by certain elements to gain profits, apart from globalization. Prostitution is also involved because online media, the many elements who promote prostitution in the Michat online application are the main attraction for the audience, as a result of this prostitution many violate social norms that exist in society and become a problem. The problem that the author will analyse is what are the sanctions for perpetrators of online prostitution through the Michat application and the efforts that can be made to prevent the rise of online prostitution in Indonesia. The research method used is normative legal research with data collection techniques through library research. The results of the research obtained are first, pimps can be charged with the threat of punishment, both imprisonment and fines, the prohibition of doing pimping professions is contained in article 296 and article 506 of the Criminal Code. Regulations regarding the prohibition of online prostitution are specifically regulated in Article 27 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions. Second, preventive prevention of prostitution is carried out by various parties, both from government agencies and the local community so that it can run smoothly. maximum. The Regional Head, DPRD, Satpol PP, and the Police need to work together with the community to take the actions described above to prevent the practice of prostitution in their area.

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Irman

Contact Email
selat@umrah.ac.id

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+62771-4500089

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selat@umrah.ac.id

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Gedung Program Studi Ilmu Hukum Fakultas Ilmu Sosial dan Ilmu Politik Universitas Maritim Raja Ali Haji Tanjungpinang Provinsi Kepulauan Riau, 29111

Location
Kota tanjung pinang,

Kepulauan riau

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Irman

Contact Email selat@umrah.ac.id

Phone +62771-4500089

Journal Mail Official selat@umrah.ac.id

Editorial Address Gedung Program Studi Ilmu Hukum Fakultas Ilmu Sosial dan Ilmu Politik Universitas Maritim Raja Ali Haji Tanjungpinang Provinsi Kepulauan Riau, 29111

Location Kota tanjung pinang, Kepulauan riau INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Irman

Contact Email
selat@umrah.ac.id

Phone
+62771-4500089

Journal Mail Official
selat@umrah.ac.id

Editorial Address
Gedung Program Studi Ilmu Hukum Fakultas Ilmu Sosial dan Ilmu Politik Universitas Maritim Raja Ali Haji Tanjungpinang Provinsi Kepulauan Riau, 29111

Location
Kota tanjung pinang,

Kepulauan riau

INDONESIA