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INDONESIA
JURNAL CENDEKIA HUKUM
Published by STIH Putri Maharaja Payakumbuh
ISSN : 23554657     EISSN : 25801678     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 .
Arjuna Subject : -
Articles 175 Documents
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ULTIMUM REMEDIUM PRINCIPLES IN CRIMINAL DECISIONS IN CREATING RESTORATIVE JUSTICE Rina Melati Sitompul; Andi Maysarah
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.324

Abstract

Principles are the heart of law, where their application becomes a form of awareness for judges in making decisions. The concept of this study analyzes the extent to which the ultimum remedium principle becomes the basic principle of judges to remove children from prison. Because the ultimate goal of achieving this principle is to encourage resolution of the problem by involving perpetrators, victims, and other parties in seeking a just solution by emphasizing recovery back to its original state. The form of this research is a normative juridical study with a descriptive analytical approach, which takes a sample of 7 (seven) verdicts in child criminal cases in 2 (two) jurisdictions, namely the Medan District Court and the Stabat District Court. In the conclusion of the results formulating the provisions of Law no. 11 of 2012 becomes a form of certainty to make it easier for judges to make the best decisions for children as the principle of ultimum remedium principle, although there are still some judges acting based on the theory of retaliation when concluding responsibility for children's mistakes.
CRIMINAL LIABILITY FOR PERFORMERS OF THE PERSECUTION OF RELIGIOUS FIGURES IN INDONESIA Fitri Wahyuni; Aris Irawan; Siti Rahmah
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.358

Abstract

Persecution is a crime that is against the law in which the perpetrator must be sanctioned in accordance with the actions he committed. Refers to recent phenomenon, Persecution is happening againt religious leaders in Indonesia today. This is in the public spotlight because the perpetrators of persecution of religious figures according to the assumption of the perpetrators are mentally ill. In this study, the researcher used normative legal research methods. The type of data used in this research is secondary data and tertiary data. After the data is collected, then the data is analyzed and compiled using descriptive analysis and deductively deduced from general things to specific things. The results of the study state that perpetrators of persecution of religious figures can be held by legal liability for the crime and must comply with the elements contained in the Criminal Code. Criminal liability for perpetrators of persecution of religious figures depends on the results of examinations that have been carried out by a psychiatrist, then the judge will judge whether the psychological condition experienced by the perpetrator has influenced his actions or not.
NON-PERFORMING LOAN SETTLEMENT FOR RESIDENTIAL PROPERTY DEVELOPERS AMID THE COVID-19 PANDEMIC Lambok Suprianto; Andriyanto Adhi Nugroho
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.326

Abstract

This research discusses the issue of Non-performing loan settlement for residential property developers amid the Covid-19 pandemic. The legal research used is a normative juridical method with a statutory approach. This research was conducted by making an inventory of primary and secondary materials to assess published legal issues. This research examines that the settlement of property developers' bad credit can be done by means of credit rescue and credit settlement. Credit rescue is carried out by providing easy conditions for debtors so that they are expected to complete their credit, which can be done by restructuring credit both inside and outside the court. Meanwhile, credit settlement is carried out by executing the collateral object made by the creditor, such as taking collateral, cessie, subrogation, execution of mortgage rights, lawsuit for default and bankruptcy. In the event of bad credit, creditors will generally choose the bankruptcy route to resolve bad credit by the developer. The bankruptcy of property developers will certainly be very detrimental to property consumers because the position of property consumers is only as concurrent creditors, which means that consumers will get the final payment after preferred creditors and separatists.
PROCUREMENT OF ULAYAT LAND FOR SUBSIDED HOUSING DEVELOPMENT IN HARAU DISTRICT LIMA PULUH KOTA REGENCY Inggir Deviandari; Kurnia Warman; Zefrizal Nurdin
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.416

Abstract

Ulayat rights are the rights that owned by a legal alliance, where the citizens of the community have the right to control the land. The Regional Regulation of West Sumatra Province, Article 2 paragraph (1) Number 6 of 2008 concerning Communal Land and Its Utilization states that the main principle of customary land is permanent based on the Minangkabau traditional philosophy “jua ndak makan bali, gadai ndak makan sando” (shall not bargaining; may not be pawned). The provisions of the regulation state that ulayat land may not be traded and may not be pawned, its ownership status may not change, except for importunate situation and condition, namely maik tabujua dalam rumah (for the death of family member), gadih gadang ndak balaki (wedding), rumah gadang katirisan (misfortune), mambangkik Batang tarandam (efforts to enforce). Land acquisition for the construction of subsidized housing is not a land acquisition according to Law Number 2 of 2012 concerning Land Procurement for Public Interest. The formulation of the problems discussed are first, the process of acquiring communal land for the construction of subsidized housing in Harau District, Lima Puluh Kota Regency, secondly the land registration process after the acquisition of customary land occurs, thirdly the legal consequences of acquiring customary land used for the construction of subsidized housing in Harau District, Lima Regency. Dozens of Cities againts customary law communities. This study uses an empirical juridical approach with the aim of finding out whether the law in the book is in accordance with the law in action. The results of the research study indicate that the process of acquiring communal land for the construction of subsidized housing is carried out by buying and selling. The construction of subsidized housing is managed by a legal entity in the form of a Limited Liability Company. The status of land ownership is just as the user of the facility that called with Hak Guna Bangunan
POLICY IMPLEMENTATION OF THE LOCAL GOVERNMENT REGARDING THE PROHIBITION OF PROPERTY AND IMMORAL CONDUCT Budi Heryanto; Emaliawati Emaliawati; Aji Mulyana
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.348

Abstract

Prostitution is an activity of offering sex edgaged to people to be enjoyed in general or voluntarily in order to obtain a reward for that person's sexual satisfaction. However, prostitution activity violates the norms and values of society as seen in prostitution activities in Sukabumi Regency area which often disturbs the community. Therefore the regional government issued Regional Regulation Number 5 of 2015 concerning the Prohibition of Prostitution and Immoral Acts which are the result of public policies which are forms or types of legal provisions that must be implemented in society, but at the level of implementation it is still not optimal. The purpose of this study was to find out how the implementation of the Regional Regulation of Sukabumi Regency in carrying out the rules prohibiting prostitution and immoral acts. The implementation of this local government policy has not regulated well because of many factors that affect its implementation, both from the regulation itself, human resources, inadequate facilities and infrastructure.
THE EXISTENCE OF TRADITIONAL LAW REVIEWING FROM PANCASILA VALUES IN THE DEVELOPMENT OF NATIONAL LAW Nova Yarsina
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.415

Abstract

The purpose of this study is to examine the existence of customary law in terms of Pancasila values in the development of national law and what factors influence the existence of customary law in terms of Pancasila values in the development of national law. The research method used is normative juridical. The Indonesian people have succeeded in carrying out legal reforms to the constitution. Legal reform must continue with the formation and renewal of laws replacing Dutch legacy laws. Having its own laws for the Indonesian people can reveal national identity. Legal development simply implies efforts to make improvements from unfavorable conditions to better ones. According to this understanding, development can be meaningful with renewal. Reform is an effort to reorient and reform something that will be pursued through policy. The development of national law is the process of building a legal system and its instruments. The development of national law must be able to replace all Dutch Colonial product laws replaced with their own product laws. Legal development cannot be separated from legal politics, because it is a direction in making and enforcing laws in order to achieve national goals and objectives. Law as mentioned in the Oxford English Dictionary is a collection of rules either as a result of formal legislation or custom, in which a certain state or society claims to be bound as members or as subjects. Law is a behavioral control system (ethical control). The legal form is a norm which is the product of a center of power that has the authority to create and apply the law. Law as a unidirectional control system carried out by a central organ that has power. Unidirectional control implies that control only takes place from a certain organ that is given the capacity and function for it. Unidirectional control is also automatic-mechanical that guides behavior.
FREEDOM OF SPEECH UNDER INTERNATIONAL LAW: MYANMAR'S ANTI-COUP DEMONSTRATION VIOLENCE CASE Yordan Gunawan; Muhammad Nur Rifqi Amirullah; Vensky Ghaniiyyu Putri Permana; Mohammad Hazyar Arumbinang
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.414

Abstract

The paper aims to examine the position of international law against violence committed by the Myanmar military known as Tatmadaw, against Myanmar which held anti-coup demonstrations in Myanmar. The research used the normative legal research method, with the main source of data collection of legal material containing normative law. The results showed that Myanmar is one of the countries in Southeast Asia whose government has been dominated by the military. In early 2021, the Tatmadaw staged a coup against Myanmar's President Aung San Suu Kyi. The tragedy began in the 2020 elections, in which the National Democratic League (NLD) was elected as the majority to sit in Myanmar's parliament. However, Tatmadaw could have no election results and no coup. Burmese, who did not support a coup by Myanmar's military, made a massive dip in the streets. Tatmadaw performs violent acts for action until 2019. However, from the direction of the protesters, some protesters became victims of violence by the Tatmadaw. It reflects the restrictions on the freedom of speech of the People of Myanmar. Free speech is an important right of the People of Myanmar to be part of the good Human Rights face-to-face by international law through arbitrary ministers by the Tatmadaw. The Tatmadaw's acts of violence against Myanmar violate human rights set forth in the Universal Declaration of Human Rights (UDHR) in articles 19 and 29. In addition, freedom of speech is also governed by the International Covenant on Civil and Political Rights in article 19.
STATE VS UMRAH PILGRIMS: BETWEEN JUSTICE OR BENEFIT (JUDGMENT OF THE SUPREME COURT JUDGE AGAINST THE CONFISCATION OF PT. FIRST TRAVEL'S ASSETS) Waldi Nopriansyah; Muzalifah Muzalifah
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.460

Abstract

Fraud cases committed by PT. First Anugerah Karya Wisata (PT. First Travel) had shocked the people of Indonesia. There are 63,000 Umrah pilgrims deceived by PT. First travel. The interesting thing about this case, where the judge decided to seize the assets of PT. First Travel. This decision is a pro and contra in the community considering that the assets are sourced from the funds of the Umrah pilgrims. Therefore, this article discusses the judge's decision on the seizure of assets of PT. First Travel. This type of research is qualitative in the form of literature research with a normative juridical approach. The author concludes that the judge's decision on the seizure of assets of PT. First Travel prioritizes the value of benefit but does not ignore the value of justice. The form of benefit value in this decision is where the judge considers the great risk to the victims of the congregation if the assets are distributed. Therefore, the judge decided to seize the assets of PT. First Travel for the public interest or the benefit of the wider community.
IMPLEMENTATION OF SANCTIONS AGAINST THE PERFORMERS OF THE GIAM BIOSPHERE DESTROYER IN SIAK DISTRICT Budiman S. Dalimunthe
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.523

Abstract

Based on Article 50 of Law Number 41 of 1999 concerning Forestry, it is regulated that everyone is prohibited from encroaching on forest areas and cutting down trees in forest areas. The enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has further strengthened the legal basis for forest protection in Indonesia. Based on Article 12 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, it is regulated that everyone is prohibited from cutting trees in forest areas. However, in 2017, the Riau Regional Police succeeded in uncovering a case of illegal logging that occurred inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency. The method used in this research is sociological law research. The application of sanctions against perpetrators of forest destruction of the Giam Biosphere in Siak Regency based on Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has not been optimal. The community cannot be blamed for forest encroachment and tree cutting inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency because the Giam Siak Kecil-Bukit Batu Biosphere Reserve before it became a state-protected biosphere reserve was where the community lived. The Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency has been inhabited and managed by the community for generations to meet the needs of daily life. There are two efforts made to prevent the destruction of the Giam Siak Kecil-Bukit Batu Biosphere Reserve forest, namely preventive efforts and repressive efforts. In addition, the concept of implementing administrative sanctions as primum remedium and the principle of strict liability offered in Law Number 32 of 2009 concerning Environmental Protection and Management is part of sustainable development efforts.
CONCEPT OF RETRACTABLE CONSENT IN MINISTER OF EDUCATION’S REGULATION REGARDING SEXUAL VIOLENCE ON CAMPUS Adi Lazuardi; Muhammad Akbar Pribadi
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.464

Abstract

The Regulation of Minister of Education, Culture, Research and Technology (Permendikbud) 30/2021 is a response to the high level of sexual violence case perpetrated by individuals in universities in Indonesia. The existence of a victim's consent instrument in Permendikbud 30/2021 as a differentiator between sexual violence and a consensual relationship is a new thing in legal regulation in Indonesia. This research aims to explain the concept of retractable consent and its application in Permendikbud 30/2021. This study uses a descriptive analysis method to data sources on regulations that are considered relevant to the agreement of the parties in general, and regulations related to sexual violence in particular. The results show that retractable consent in cases of sexual violence is the consent of one of the parties involved in sexual activities that can be withdrawn or canceled at any time, even when sexual activity has started. In this concept, the agreement has the nature of sustainability. Permendikbud 30/2021 regulates the invalidity of consent with certain conditions, so that the consent given by one of the parties in a sexual activity can be considered legally invalid. According to Permendikbud 30/2021 victims of sexual violence who apply personal consent retraction (cancellation or withdrawal of consent for personal reasons) should also be included in the victim category.

Page 11 of 18 | Total Record : 175

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