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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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CRITICISM ANALYSIS OF THE EFFECTIVENESS OF INDONESIA'S ECONOMIC CRIMINAL POLICY IN THE PERSPECTIVE OF ISLAMIC LAW Muhammad Irkham Firdaus
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.570

Abstract

Economic crime rates tend to be high and generate large losses every year, because one of the biggest factors is the ineffective economic crime policy in providing deterrent and firmness to the perpetrators. Economic crime policies play an important role in creating public welfare, if the economic crime rate is high, it means that the welfare of the community has not been created optimally, so there needs to be efforts to review and fix these criminal policies. This research aims to determine the effectiveness of Indonesia's criminal policy in the perspective of Islamic law, as well as to criticize the economic criminal policy in Indonesia. This research explores data sources from various data on the facts of crimes that occur in Indonesia, which are then analyzed by qualitative methods from the point of view of Islamic law. The results of this research show that economic crime policies have not been effective in tackling economic crimes, because they do not provide a deterrent effect for perpetrators of economic crimes. Whereas in Islam, the prevention of economic crime is divided into two categories, namely jarimah hudud and jarimah ta'zir. Sanctions applied in Islamic law are more of a deterrent effect, because sanctions for serious economic crimes have been determined directly by Allah SWT, then economic criminal policies in Indonesia tend not to achieve their essential goals, namely welfare and social protection for the community, this happens because there are shortcomings in the three stages of implementing economic criminal policies in Indonesia, namely the legislative stage, judicial stage, and executive stage. It is necessary to make a new formulation in the economic criminal policy in Indonesia, namely by specifying the sanctions that will be received by the perpetrators of criminal acts with the sanctions stated in Islamic law, from the point of view of the deterrent effect and the consequences received by the perpetrators.
STANDARD CLAUSES IN EMPLOYMENT AGREEMENT BASED ON THE FREEDOM OF CONTRACT PRINCIPLE Lidia Febrianti; Thamrin S; Puti Mayang Seruni
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.544

Abstract

An employment agreement that doesn’t contain balanced rights and obligations between the parties will bring losses to one of the parties. The imbalance in the rights and obligations in the employment agreement is because the employer usually uses standard clauses. Thus eliminating the opportunity for workers to participate freely in determining the contents of the agreement. The freedom left for the workers is in the form of a choice between accepting or rejecting. This study aims to identify how the position of standard clauses in employment agreements based on the principle of freedom of contract. This research is a normative research conducted by examining library materials or secondary data. The research show that the existence of standard clauses in the agreement does limit the essence of the principle of freedom of contract. Standard clauses in employment agreements are made because of business efficiency which is also possible to arise due to an unequal position between the  parties. The principle of freedom of contract in an employment agreement isn’t included in the four legal conditions that must be met in an agreement. So that the validity of employment agreements that made without the principle of freedom of contract will remain valid.
RESPONSIBILITY FOR SUPERVISION OF SOES AS MAJORITY SHAREHOLDERS IN SUBSIDIARIES Tharisya El Subekti; Suherman Suherman
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.573

Abstract

BUMN as a legal entity that aims to improve people's lives is carried out based on article 33 of the 1945 Constitution. To increase the role of BUMN in the country's economy, various efforts have been made, one of which is restructuring by forming a holding company concept. The type of research carried out by the author is normative juridical law research by conducting analysis techniques and studies of the laws of the Republic of Indonesia Number 19 of 2003 concerning State-Owned Enterprises, Law Number 40 of 2007 concerning Limited Liability Companies, and also the Regulation of the Minister of SOEs related. The legal relationship that arises between the parent company and its subsidiaries is a contractual relationship limited to the position of the parent company as a shareholder. The responsibility for supervision carried out by the parent company as the majority shareholder is carried out by appointing the board of commissioners in its subsidiaries as representatives of BUMN in terms of supervision. In carrying out its duties the board of commissioners must carry out it in accordance with the provisions that have been set. However, if negligence is found in carrying out their duties, the board of commissioners may be subject to the doctrine of piercing the corporate veil as a form of accountability.
THE URGENCE OF AMENDMENT TO ACT NUMBER 1 OF 2009 RELATED UNMANNED AERIAL SYSTEMS Nurul Fatimatus Sholihah; Adya Paramita Prabandari
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.533

Abstract

Discovery Unmanned Aerial Systems/UAS is used in various fields such as reconnaissance tools, topological mapping, and recreational purposes. This must be balanced with legal arrangements because there are many misuses of UAS operations. Act No. 1 of 2019 concerning Aviation, which is the legal umbrella for aviation in Indonesia, does not mention the term UAS. This writing aims to explain the urgency of changing Act No. 1 of 2009 regarding UAS arrangements based on 3 basis for the formation of legislation. This writing uses a comparative approach. The urgency of the changes to the Aviation Law are 1) to maintain the security of Indonesia in accordance with the mandate of the 1945 Constitution (philosophical basis), 2) the increasing use and development of UAS technology and the need for regulations covering the types of land, water, seabed and ground-based drones that do not just flying in the air (sociological basis), 3) the potential for new types of law violations (juridical basis). 2) Aviation Act doesn’t give direct mandate to technical regulations that have legal force to regulate UAS.
IMPLEMENTATION OF COLLECTION OF NAD LOANS THROUGH AUCTION ON LIABILITY RIGHTS AS GUARANTEE IN PT. BPD SUMATERA BARAT Umul Khair; Ana Ramadhona; Edi Rosman
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.v7i2.525

Abstract

Basically, the granting of credit facilities can be done by anyone, as long as the person concerned has the ability to do so, through a loan agreement between the lender (creditor on the one hand) and the loan recipient (debtor on the other). However, in practice, the debtor always agrees to the loan agreement by the creditor even though the interest is very high. In order to guarantee the interests of the bank, the debtor is required to provide a guarantee/collateral to the bank PT. BPD West Sumatra is one of the banks that implement auctions as a way of resolving non-performing loans. The Bank will submit an auction to be executed by the State Property and Auction Service Office (KPKNL). So the procedure for settling bad loans through auctions at PT. BPD West Sumatra for example at Bank Nagari Payakumbuh Branch has complied with other banking regulations guided by the Regulation of the Minister of Finance in particular Article 6 and Article 20, as well as Regulation of the Minister of Finance No. 106/PMK.06/2013 concerning Amendments to the Regulation of the Minister of Finance No. 93/PMK.06/2010 concerning Instructions for Implementation of Auctions, and the object of Collateral that can be processed for auction is collateral that has been installed with Mortgage through the Office of the State Assets and Auction Service (KPKNL).
LEGAL PROTECTION OF ILLEGAL ONLINE LOAN USERS (RESEARCH BY THE YOGYAKARTA REGIONAL FINANCIAL SERVICES AUTHORITY) Ahmad Tegar Shalahuddin; Ani Yunita
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.583

Abstract

Advances in digital technology bring many benefits and changes, including in financial services (Fintech), which use a variety of methods to make it easier for people to transact, such as m-banking, e-commerce, online loans (P2PL), and others. Technological advances are here to make it easier for people to use services, but they can also lead to illegal investments that haven't been regulated by laws and regulations. This could mean that consumers in the financial services sector might not get the best legal protection for these illegal activities. The purpose of this study is to find out how to protect users of illegal P2PL loans in the jurisdiction of Yogyakarta. The method used in this study uses empirical juridical methods. The data sources of this research are primary data in the form of interviews; secondary data from laws and regulations; books; websites; and supported by tertiary data from Indonesian language dictionaries; English dictionaries; and legal dictionaries. The results of the research on the legal protection of illegal P2PL users conducted by OJK DIY together with SWI aim to provide preventive, repressive, and curative legal protection. First, preventive legal protection includes preventive measures, channel effectiveness, education, and performance evaluation. Second, they can be punitive, like giving out punishments based on the law. Third, they can be healing, like taking countermeasures, giving out permits, and giving advice.
SHARI’A COMPLIANCE PRINCIPLES IN FINANCIAL TECHNOLOGY Ishak Ishak; Ilham Ilham; Akbar Sabani
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.542

Abstract

Currently in Indonesia, financial technology (fintech) services have developed rapidly. The development of fintech in Indonesia has been responded positively by several regulations issued by the Financial Services Authority (OJK) and Bank Indonesia (BI). In addition to conventional fintech, sharia fintech in Indonesia has also begun to develop significantly, especially since the DSN-MUI fatwa on Sharia Information Technology-Based Financing Services (Fatwa No.117/DSN-MUI/IX/2018). Although sharia fintech has begun to develop, OJK has not fully accommodated the DSN-MUI Fatwa as a binding regulation. The DPS institution as a supervisor for Islamic financial institution entities as well as for start-ups such as fintech that operates according to sharia must follow the regulations that have been decided by the DSN-MUI so that these entities can operate in sharia and this is part of compliance with sharia compliance). This study investigates the Shariah compliance status of financial technology services. The research method used is the library research method with a literature review approach. The results of the study show that currently fintech operating in sharia still needs stronger legal instruments so that compliance with sharia is truly carried out comprehensively and not only applies a kind of label that is run by sharia, so that the existence of fintech and customer trust (consumers can be maintained.
PROTECTION OF CHILDREN'S RIGHTS AND WOMEN'S RIGHTS AS PART OF HUMAN RIGHTS IN INDONESIA THROUGH RATIFICATION OF INTERNATIONAL REGULATIONS Failin Failin; Anny Yuserlina; Eviandi Ibrahim
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.v7i2.557

Abstract

Protection of human rights, regardless of age and gender, everyone has the right to protection. Indonesia as a state of law is obliged to protect the human rights of its people, and joining Indonesia as a member of the United Nations requires it to ratify regulations relating to the protection of children and women. This article will discuss the extent of ratification by the Government of Indonesia to promote the protection of children's rights and women's rights. This type of legal research is also commonly referred to as doctrinal legal research or library research. It is called doctrinal legal research because this research is only aimed at written regulations so that this research is very closely related to libraries because it will require secondary data in the library. The results of the study show that the Government of Indonesia has advanced the protection of children's rights with the ratification of the Convention on the Rights of the Child in the Presidential Decree of the Republic of Indonesia Number 36 of 1990, besides that it also gave birth to the Child Protection Law. As for the protection of women, in 1984 Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women through Law Number 7 of 1984 concerning Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, which was then followed by Presidential Instruction Number 9 of 2000 concerning Gender Mainstreaming and Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the protection of women in Indonesia is more protected.
APPLICATION OF CHEMICAL CASTRATION LAW FOR PEDOPHILES AS AN EFFORT TO PROVIDE A DETERRENT EFFECTS Dewi Ervina Suryani; Sederhana Ndruru; Steward Chulifier; Irfan Samuel Sirait
Jurnal Cendekia Hukum Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i1.522

Abstract

Sexual violence is an immoral crime, especially if the act is committed against a child, the act is considered a violation of human rights. Including efforts to overcome the increase in cases of sexual violence against children, the government ratifies PP Nomor. 70 with the aim of regulating procedures for carrying out chemical castration, installing electronic devices as detectors, providing guidance, to how to anNomorunce the personal data of perpetrators of sexual violence against children. The goal is to deter pedophiles from their actions. In its implementation, chemical castration is an act against human rights, giving the punishment of castration including acts that are heiNomorus and Nomort in accordance with human rights, including contrary to our country's commitment to protect human rights. This work is a Nomorrmative juridical legal research type with a qualitative approach. The main sources in this work are Nomor. 70 of 2020 and several other literatures as support. The technique of data collection and analysis is library research. The result of this work is the imposition of sanctions on the perpetrators of chemical equilibrium according to the legal basis. Although it is felt that this law is still experiencing polemics due to the issuance of this new law, the limited age of the perpetrators, and group commentators who still do Nomort support this law.
INSTALLATION OF ELECTRONIC DETECTION DEVICES ON PERSONS OF SEXUAL VIOLANCE AGAINST CHILDRENS (PROBLEMATICS AND SOLUTIONS) Alifa, Virgie Kesfian; Harefa, Beniharmoni
JCH (Jurnal Cendekia Hukum) Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.646

Abstract

Electronic detection devices are an additional penalty stipulated in Government Regulation Number 70 of 2020. However, since being enacted until now there has been no judge's decision deciding the additional penalty for installing this electronic detection device because there are many instruments in the regulation itself. This study aims to find out the problems and solutions related to the application of the installation of electronic detection devices to perpetrators of sexual violence against children. This research leads to normative juridical law research, with data collection carried out by means of document studies. The results of the research found that there were several problems in the rules regarding the application of installing electronic detection devices so that later by doing comparisons a solution was found for some of the problems stipulated in PP 70/2020. 

Page 13 of 18 | Total Record : 175

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