JURNAL CENDEKIA HUKUM
Jurnal Cendekia Hukum (JCH) adalah jurnal berbasis OJS diterbitkan oleh STIH Putri Maharaja dua kali setahun pada bulan Maret dan September
Jurnal ini bertujuan untuk menyedikana wadah untuk akademisi, peneliti dan praktisi untuk mepublikasika artikel dan penelitian. Ruang lingkup dari jurnal ini adalah Ilmu Hukum dengan bidang Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Konstitusi, Hukum Administrasi, Hukum Islam, Hukum Ekonomi, Hukum Kedokteran, Hukum Adat, Hukum Lingkungan dan bagian lain terkait isu-isu kontemporer dalam hukum.
Jurnal ini ditulis dalam dua bahasa yaitu Bahasa Inggris dan Bahasa Indonesia. Tersedia dalam Versi Cetak dan Online (OJS). Memiliki ISSN Cetak: 2355-4657 dan ISSN Online: 2580-1678 .
Articles
175 Documents
<![CDATA[THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Sukmareni Sukmareni]]>;
<![CDATA[Roni Efendi]]>;
<![CDATA[Riki Zulfiko]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.337
<![CDATA[The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.]]>
<![CDATA[STUDY OF CONTRACT OBJECT IN MULTI-SERVICE FINANCING USING IJARAH IN ISLAMIC BANK ]]>
<![CDATA[Kamalia Firdausi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.316
<![CDATA[In a case of a dispute between an islamic bank and a customer related to multi-service financing using an ijarah contract at an islamic bank, the customer is suing for the cancellation of the contract on the multi-service financing on the grounds that the object of the contract is not the object of the contract, so the contract should be null and void. However, the court decision stated that he rejected the customer's claim. This research was conducted to examine the application of sharia principles in legal considerations in court decisions regarding contract objects in multi-service financing using the ijarah contract. This research is a normative legal research using the statutory approach method. The results of this study indicate that the legal considerations in court decisions regarding the object of the contract in multi-service financing using the ijarah contract are formally correct, but materially there is still a possibility of gharar that is not in accordance with sharia principles.]]>
<![CDATA[MENCIPTAKAN SISTEM PERADILAN EFISIEN DENGAN SISTEM E-COURT PADA PENGADILAN NEGERI DAN PENGADILAN AGAMA SE-TANGERANG RAYA ]]>
<![CDATA[Susanto Susanto]]>;
<![CDATA[Muhamad Iqbal]]>;
<![CDATA[Wawan Supriyatna]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.287
<![CDATA[Based on the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: 305/SEK/SK/VII/2018, the Supreme Court has chosen 17 District Courts, 6 State Administrative Courts and 9 Religious Courts as the Pilot Project Court for the e-court Application. On this basis, the sample of the court taken by the author is the District Court and Religious Court which is located in Tangerang Raya. The author will focus on the effectiveness and efficiency with regard to the role of the e-court system in the administrative system of the district and religious courts in Tangerang Raya. The large amount of time and files involved are considered far from the principles of fast, simple and low cost trial. It is hoped that time and cost efficiency problems can be resolved with E-court. To prove the test of the effective role of e-court in realizing fast, simple and low cost judiciary from the segmentation of district and religious courts in Tangerang Raya, the E-court system in state and religious courts in the Greater Tangerang area in segmentation creates efficiency in the case administration service process.]]>
<![CDATA[ANALISA HUKUM PERALIHAN HAK TANAH ULAYAT KAUM YANG BELUM DIDAFTARKAN DI KABUPATEN DHARMASRAYA ]]>
<![CDATA[Ratih Agustin Wulandari]]>;
<![CDATA[Muhammad Sukron]]>;
<![CDATA[Raimon Efendi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.274
<![CDATA[Ulayat land has a social function passed down from ancestors. Tanah Ulayat is a customary community right that cannot be transferred to outsiders, in the Minangkabau kinship system, it is only used for 4 things: gadang girly house, dead body lying in the middle of the house, unmarried girls, upholding the heirloom title. However, at the moment there are a lot of transfers of customary land rights, both sale and purchase. The research uses an empirical juridical approach. The data used are primary data obtained by interview and secondary data obtained through literature study. The results of research into the existence of the transfer of rights to customary land that have not been registered are increasingly high, namely in the form of buying and selling, which has an impact on the social function of customary land has been lost. The practice of buying and selling communal land for people in Koto Baru in the Dharmasraya Regency consists of buying and selling a plot of land and buying and selling a plot of land followed by a customary land grant. Collective Rights on customary land will change to individual rights if there is a transfer of rights to the communal land. This will result in ulayat land which will become private / individual land that will automatically cause harm to the people themselves. Customary philosophical values will fade both high pusako property and low pusako property. And no longer subject to the provisions of customary law.]]>
<![CDATA[THE IMPROVEMENT OF CIVIL CONSCIOUSNESS OF LAW FOR THE ENDORSEMENT OF LAW AND ECONOMIC DEVELOPMENT IN INDONESIA ]]>
<![CDATA[Ani Yunita]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.339
<![CDATA[Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.]]>
<![CDATA[THE NEW PARADIGM OF THE STATE CIVIL APPARATUS AFTER RATIFICATION OF THE STATE CIVIL SERVICES REGULATION ]]>
<![CDATA[Dita Mayreista]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i1.317
<![CDATA[The main role and resposiblity of bureaucracy is to organize the nation and state constitusionally, it needs to be realized that the bureaucracy is a factor that determines the success or failure of a government. So far, the bureaucracy is still considered convoluted and the widespread practice of KKN (Corruption, Collusion and Nepotism; not only makes bureaucratic services access very difficult for the public, but also makes people have to pay more in terms of services and human resource who are slow in providing service. This study aims to determine how the New Paradigm of State Civil Apparatus after the ratification of the State Civil Apparatus Law. This research is qualitative descriptive study. The formation of the ASN Law is the beginning of the management of ASN which is expected to be more professional, transparent and accountable bureaucracy because ASN is a major factor in state administration. The existence of the “Merit” system and the profesionality of ASN (civil servant) support in providing excellent public services. And with the existence of KASN, it is expected to be able in managing, monitoring, and evaluating of ASN policies and management implementation.]]>
<![CDATA[TRANSFER OF ULAYAT LAND OWNERSHIP RIGHTS ACCORDING TO LEGISLATION AND REGULATIONS IN INDONESIA ]]>
<![CDATA[Roly Irvan]]>;
<![CDATA[Bagio Kadaryanto]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i1.323
<![CDATA[Ulayat land is a land with the members of the customary law community. This study aims to explain the transfer of customary land ownership rights according to the laws and regulations in Indonesia. The method used in this research is normative legal research, using a statutory approach. The results of the study explain that the recognition of ulayat rights is stipulated in the constitution of the State of Indonesia, namely Article 18B of the 1945 Constitution of the Republic of Indonesia admitts and reverences the customary community units and their traditional rights as long as they are alive and in accordance with with the development of society and the principles of the Unitary State of the Republic of Indonesia. Furthermore, Article 28 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that traditional cultural and community identities are respected in line with the development of times and civilizations. In the concept of national land law, there are three entities related to land status, namely state land, private land, and customary land, but in the concept of national forest law, only two forest statuses are recognized, namely state forest and private forest. In the concept of land acquisition for the public interest, indigenous peoples are not given the freedom to make decisions on development programs and investments made by the government on ulayat lands, for example toll road construction projects.]]>
<![CDATA[ARRANGEMENT OF AUTHORITIES AND MECHANISM FOR CANCELLATION OF VILLAGE REGULATIONS IN THE FRAMEWORK OF VILLAGE AUTONOMY IN INDONESIA ]]>
<![CDATA[Eddy Asnawi]]>;
<![CDATA[Yasrif Yakub Tambusai]]>;
<![CDATA[Andrew Shandy Utama]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i1.413
<![CDATA[Village regulations are statutory regulations established by the village headman after being discussed and agreed with the Village Consultative Body. This study aims to explain the arrangement of authority and the mechanism for canceling village regulations within the framework of village autonomy in Indonesia. The method used in this research is normative legal research, using a statutory approach. Law Number 6 of 2014 concerning Villages regulates the formation of village regulations, but does not regulate the cancellation of village regulations. The cancellation of village regulations is instead regulated in Article 87 of Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, which states that village regulations and village head regulations are contrary to the public interest and/or the provisions of laws and regulations that higher is canceled by the regent/mayor. This provision is contrary to Article 9 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation and is not in accordance with the village autonomy framework as regulated in Law Number 6 of 2014 concerning Villages. The mechanism for canceling village regulations should be carried out through an expanded Village Consultative Body meeting because it is considered to have a sense of justice and the spirit of democracy and is a form of implementation of village autonomy.]]>
<![CDATA[COMPARATIVE STUDY OF RESPONSIBILITY OF CRIMINAL VIOLENCE IN HOUSEHOLD IN CONCEPT POSITIVE LAW AND MINANGKABAU TRADITIONAL LAW ]]>
<![CDATA[Azriadi Azriadi]]>;
<![CDATA[Mahlil Adriaman]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i1.319
<![CDATA[Domestic Violence (KDRT) is a form of crime in the domestic sphere; the data on domestic violence is increasingly worrying and tends to be out of control. Based on the Records of Violence against Women (CATAHU) in 2019; there were 431,471 cases of violence against women and it has been escalated up to 693% since 2008 which was only 54,425 cases. The effort to overcome and handle domestic violence is carried out by formulating various kinds of laws and regulations, creating structural and non-structural institutions that handle domestic violence cases, but in reality acts of violence continue to increase. In West Sumatra, Minangkabau customary law is prevailed as a law that is admited by the constitution. In fact domestic violence in Minangkabau society is a common problem. In handling and overcoming domestic violence, positive law and Minangkabau customary law have their own ways. From the data of national statistics agency of indoensia (BPS) in 2019, West Sumatra was not classified as the 10 highest occurrences of domestic violence in Indonesia. Based on this phenomenon, it is very interesting to study and to be compared of the effort to overcome domestic violence based on the concepts of Positive Law and Minangkabau Customary Law. This study uses a normative approach, namely examining library materials or secondary data consisting of primary legal materials and tertiary legal materials. The results of Positive Law research in overcoming domestic violence focus on handling by applying the law with maximum punishment (repressive), by providing education to the community that is directed and well programmed (preventive), even if domestic violence occurs then efforts are made (pre-emptive) so that the impact or the consequences are not significant. While Minangkabau customary law is more of a preventive effort, namely before the occurrence of domestic violence and the application of Minangkabau customary law is carried out in stages based on the proverb Bajanjang Naik Batanggo Turun.]]>
<![CDATA[IMPLEMENTATION OF THE DUTIES OF THE VILLAGE HEADMAN IN VILLAGE DEVELOPMENT IN INDRAGIRI HILIR REGENCY BASED ON LAW NUMBER 6 OF 2014 CONCERNING VILLAGES ]]>
<![CDATA[S Samsul Hadi]]>;
<![CDATA[Sudi Fahmi]]>;
<![CDATA[Ardiansah Ardiansah]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i1.410
<![CDATA[Based on Article 26 paragraph (1) of Law Number 6 of 2014 concerning Villages it is stated that the village headman is in charge of administering village government, carrying out village development, developing village communities, and empowering village communities. The method used in this research is sociological law research. The implementation of the village headman's duties in village development in Indragiri Hilir Regency has not been carried out as regulated in Law Number 6 of 2014 concerning Villages. The obstacles in implementing the duties of the village head in village development in Indragiri Hilir Regency are the low quality of human resources of the village apparatus in Indragiri Hilir Regency, the lack of village offices and representative meeting rooms, village infrastructure in Indragiri Hilir Regency looks inadequate, and the lack of facilities and infrastructure in the form of computer technology that can be used to facilitate administrative services for the development of village development.]]>
