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[ELECTION LAW ENFORCEMENT MODEL BY BAWASLU IN SIMULTANEOUS ELECTION IN WEST SUMATRA PROVINCE ]]>
<![CDATA[Helmi Chandra SY]]>;
<![CDATA[Nurbeti Nurbeti]]>;
<![CDATA[Resma Bintani Gustaliza]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.468
<![CDATA[Bawaslu has one function, namely to supervise and prevent violations in elections. The existence of Bawaslu has an important meaning in avoiding the occurrence of election violations through efforts to enforce election law. This research uses sociological juridical research method, which is done by studying primary data and secondary data. The primary data referred to is obtained directly from the field by conducting interviews with informants who are related to the discussion. From the research conducted, it can be understood that the model of law enforcement by Bawaslu in simultaneous elections in West Sumatra Province is carried out through the settlement of administrative violations, the settlement of violations of the code of ethics, and the settlement of election crimes. Meanwhile, the application of the ideal model of electoral law enforcement is carried out by the method of preventing violations and taking action against violations and disputes in the election process.]]>
<![CDATA[PERSPECTIVE OF ISLAMIC LAW ON HATE COMMENTS IN SOCIAL MEDIA ]]>
<![CDATA[M.S Almujaddedi]]>;
<![CDATA[Revi Hayati]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.466
<![CDATA[This study aims to analyze the perspective of Islamic law on hate comments that are rampant on social media so far. malicious comments (hate comments) in the comments column of social media that open up space for netizens to provide malicious comments (hate comments) to accounts contained in these social media sites. The use of insulting words, harassment, provocation, and unethical words will result in the destruction of the relationship of harmony and unity. This research is a library research using a qualitative approach. Research data is obtained by documenting journals, books, and articles related to the research topic. The results of this study are in the perspective of Islamic law, all forms of hate comments are haraam and believers should not do hate comments on social media so they don't get the rest.]]>
<![CDATA[LEGALITY ISSUANCE OF FAMILY CARD IN SIRI MARRIAGE ]]>
<![CDATA[Cholidatul Rizky Amalia]]>;
<![CDATA[Anggia Vionita Rachman]]>;
<![CDATA[Nabilla Yahya]]>;
<![CDATA[Nadya Nur Ivany]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.458
<![CDATA[The issuance of Family Cards for unregistered marriages submitted by the Director General of Population and Civil Registry of the Ministry of Home Affairs has caused a polemic in Indonesian positive law, because the statement is not in accordance with the regulations of Law Number 1 of 1974. In this regulation it has been stated that marriages are considered valid by The State if it is carried out in accordance with religion and registered with an authorized official, for this reason, unregistered marriage is not recognized by the State because its implementation is not in accordance with existing provisions. The Director General of Population and Civil Registry of the Ministry of Home Affairs provides the possibility for those who have unregistered marriages to get a Family Card. This study uses a normative juridical research method based on the laws and regulations in Indonesia, as well as legal concepts. The results of this study regarding the validity of the issuance of Family Cards for unregistered marriages, it can be concluded that the perpetrators of unregistered marriages have violated the recording. Thus, the marriage is not completedonlywith the marriage contract, but must also be recorded. And the legal consequences of the issuance of family cards in unregistered marriages will only support the decisions of individuals who will carry out unregistered marriages.]]>
<![CDATA[SUPREME COURT REGULATION (PERMA) NUMBER 1 YEAR 2020: SOLUTIONS IN THE GUIDELINES FOR DETERMINING DEATH PENALTY FOR CORRUPTION CRIMINAL ACTS IN CERTAIN CONDITIONS ]]>
<![CDATA[Mar’ie Mahfudz Harahap]]>;
<![CDATA[Reski Anwar]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.474
<![CDATA[The sanctioning of Supreme Court Regulation No. 1 of 2020 in the time of Covid-19 opens a new glimmer of hope in corruption cases in certain circumstances in ndonesia. This regulation provides guidelines for judges in providing the death penalty for corruptors. The motivation behind the Research is to see how the sentencing guidelines in dropping the death penalty to corruptors in certain circumstances, and to understand how the view of the study concepts and comparative of the death penalty for corruptors. This research is included in the normative legal research section using primary and secondary legal materials. The approach used is a statute approach, comparative approach, and conceptual approach. This research is included in the normative juridical research with the method of statutory, concept, and comparison approach. The results of study, it appears that the death penalty is only for corruption crimes by weighting and threatened alternatively, and may be dropped when considering the high level of guilty, impact, and profit while in comparison.]]>
<![CDATA[LEGAL CONSEQUENCES OF CHILDREN OUTSIDE OF MARRIAGE AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010 ]]>
<![CDATA[Asrul Hamid]]>;
<![CDATA[Defel Fakhyadi]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.465
<![CDATA[Civil Code, Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI)is a legal rule that regulates the regulation of children outside of marriage and KHI is specifically for people who are Muslim. Therefore, the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the position of children out of wedlock is stipulated as a solution so that there is no legal dualism in society. The Constitutional Court's decision was determined when Aisyah Moechtar submitted a judicial review to the Constitution Court about constitutionality of Article 2 paragraph (2) and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage. This happens because of the legal meaning of the phrase "born out of wedlock," so that there are multiple interpretations of the position and legal this consequences. Research method is normative juridical research using statutory approach to then conducted in-depth analysis. With the issuance of the decision of the Constitutional Court, children out of wedlock have a civil relationship with their mother, their father and father's family if it can be proven by science and technology. It should be understood that the illegitimate child referred to in the decision is an illegitimate child resulting from a religiously legal marriage (siri marriage) but is not recorded in state documents and does not apply to illegitimate children resulting from adultery so that the clear legal consequences.]]>
<![CDATA[CERTIFICATION ACCELERATION POLICY WAQF LAND IN INDONESIA ]]>
<![CDATA[Dakum Dakum]]>;
<![CDATA[Nurwati Nurwati]]>;
<![CDATA[Dwi Putra Yullhaq]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.462
<![CDATA[The policy for accelerating waqf land registration is a policy issued by the government continuously from 2017 to 2020 through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia (ATR/BPN RI) and the Ministry of Religion of the Republic of Indonesia (Kemenag). However, until now the number of waqf lands in Indonesia that have not been certified is still considered high at around 39.63%. Thus, the purpose of this study is to analyze the extent to which the government has issued a policy to accelerate waqf land certification issued by the government in Indonesia. The formulation of the problem in this study is how to analyze government policies as an effort to accelerate the registration of waqf land certification and what are the implications for accelerating waqf land certification in Indonesia? This research method is normative juridical, while the data analysis is qualitative. The results of this study indicate the policy of accelerating waqf land certification in Indonesia is the government's effort in accelerating waqf land certification, namely by issuing the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia (ATR/BPN RI) Number 2 of 2017 concerning Procedures for Land Registration Waqf at the Ministry of ATR/BPN, Regulation of ATR/Head of BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL), and Memorandum of Understanding between the Ministry of Religion (Kemenag) and ATR/BPN of 2020 concerning Acceleration of Waqf Land Certification, all of these regulations provide guidelines that make it easier to manage waqf land certification. In addition, the implication of this regulation is that stakeholders in the process of certifying waqf land should be able to respond properly so that the acceleration of waqf land certification in Indonesia can be realized.]]>
<![CDATA[THE ROLE OF MINANGKABAU WOMEN IN FAMILY AND COMMUNITY IN GENDER FAIR DEVELOPMENT ]]>
<![CDATA[Gisha Dilova]]>;
<![CDATA[Muhammad Syukron]]>;
<![CDATA[Siti Anisa Siregar]]>;
<![CDATA[Alfiyyah Nur Hasanah]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v8i1.569
<![CDATA[The structure of Minangkabau society is organized based on matrilineal principles according to maternal lineage. Mother in Minangkabau tradition is known as Bundo Kanduang. The recent situation in Kenagarian Ampang Kuranji, the role of women in development can be seen from the existence of PKK women and also inseparable from the role of Bundo Kanduang in a tribe, but the program carried out by Bundo Kanduang has not fully directed policies in terms of education, as well as social for generations of children and even teenagers such as there are still many early marriages, drugs, riots, theft which is increasingly happening. This study aims to examine and analyze the role of Minangkabau women in the family and society in gender-just development in Kenagarian Ampang Kuranji, Koto Baru District. This study uses a sociological/empirical juridical approach. This approach is done by collecting primary data as the main data. The results of his research are that the role of Bundo Kanduang has begun to be felt by the surrounding community, because Bundo Kanduang's participation takes an important part in the development of the nagari through programs that have been carried out well before, but in the future the Bundo Kanduang Institute and the Nagari Ampang Kuranji Government are more pay attention again to mainstreaming women in Kenagarian Ampang Kuranji to achieve gender justice.]]>
<![CDATA[LEGAL ASSISTANCE FOR THE POOR TO REACH JUSTICE ]]>
<![CDATA[Arliman S, Laurensius]]>;
<![CDATA[Suryanef, Suryanef]]>;
<![CDATA[Arif, Ernita]]>;
<![CDATA[Sarmiati, Sarmiati]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[LPPM STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v7i2.556
<![CDATA[Legal aid to the poor has a fairly important position in every criminal, civil and administrative justice system, including Indonesia. The concept of legal aid to the poor is related to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. The purpose of this study is to explain legal aid for the poor to achieve justice. This research uses normative legal research which is described descriptively. The results of the study explain that legal protection is an action or effort to protect the community from arbitrary actions by authorities that are not in accordance with the rule of law, to create order and peace, thus enabling humans to enjoy their dignity as human beings. There are ten rules related to legal aid to the poor, both at the constitutional level to the law, Internal Regulations that apply to the Supreme Court and Internal Regulations that apply to the Ministry of Law and Human Rights, as a pattern and legal standing for the provision of legal aid for the poor. poor people in Indonesia. The provision of legal aid to the poor is a form of justice for the poor. The concept of legal aid to the poor is related to a person's rights to exercise their rights under the same law.]]>
<![CDATA[IMPLEMENTATION OF LEGAL PROTECTION THE FAMOUS TRADEMARKS IKEA AND SEPHORA BRAND (TRADEMARK’S LAW PERSPECTIVE) ]]>
<![CDATA[Sri Arlina]]>;
<![CDATA[Anggraini Dwi Milandry]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v8i1.563
<![CDATA[In Indonesia, there have been many disputes over famous trademarks which ended by the cancellation and deletion of registered. This research aimed to describe and find out about, first, the legal protection of the right of famous trademarks rights based on law trademarks and second, implementation the legal protection of the right of famous trademarks rights (MA decision study of IKEA and SEPHORA brand). This research used the normative juridical method with a statutory and a case approaches. The result of this research first is the legal protection of the right of famous trademarks rights based on based on law trademark uses a constitutive system. One of the rules governing the Protection of Famous Marks is regulated in Article 21 (1). Furthemore, the implementation of the legal protection on the right of famous trademark in the case of the IKEA trademarks constrained by the difference interpretation of Article by the Panel of Judges and resulted ended by famous trademarks are fail to be protected. Meanwhile in the case of the SEPHORA trademarks implementation of the legal protection of the right of famous have protected the trademarks.]]>
<![CDATA[THE EXISTENCE OF REGIONAL REPRESENTATIVE COUNCIL IN THE POSITION OF THE LEADERS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY ]]>
<![CDATA[Rahmat Bijak Setiawan Sapii]]>;
<![CDATA[Yoan Dwi Pratama]]>;
<![CDATA[Tasya Darosyifa]]>;
<![CDATA[Ali Imran Nasution]]>
<![CDATA[ Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v8i1.535
<![CDATA[Through the fourth amendment to the 1945 Constitution of the Republic of Indonesia, the Regional Representative Council was formed as a representation of groups and regions which also added new rooms in parliament. The existence of the DPD is often considered weak because of its limited authority both in carrying out functions and getting attention in filling the MPR leadership positions which are dominated by the DPR in the 2019 MD3 Law. The purpose of this study is to determine, examine and analyze the existence of the Regional Representatives Council in occupying the leadership position of the People's Consultative Assembly and examine the compositional division that should be between the DPR and DPD in occupying the leadership position of the People's Consultative Assembly. This research method uses normative law with a statutory and conceptual approach. This research concludes that the composition of leadership position between DPR and DPD to fill the MPR is not balanced. Because if you stick to the 2019 MD3 Law, it will cause injustice to the DPD which is a high state institution at the level of the DPR. In addition, there is also legal uncertainty regarding the number of MPR leaders who come from representatives of the DPR as a consequence of implementing the parliamentary threshold. Therefore, we need an ideal arrangement that does not come out of the constitution but provides legal certainty and justice.]]>
