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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 189 Documents
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INCONSISTENCY OF PHARMACEUTICAL PERSONNEL LICENSE REGULATION IN GOVERNMENT REGULATION NUMBER 51 YEAR 2009 CONCERNING PHARMACEUTICAL WORK Said Ismala Kisma
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.v8i1.585

Abstract

The issuance of Government Regulation Number 51 of 2009 concerning Pharmaceutical Work has the aim of encouraging social change to become a better direction through legal certainty. This normative legal research method examines the law from an internal perspective with the object of research being legal norms. The purpose of this research is to analyze the regulation of pharmacy staff licenses in Government Regulation No. 51 of 2009 concerning Pharmaceutical Work and to analyze the ideal setting of pharmaceutical staff in positive law. The results of the study explain that the regulation of permits for pharmaceutical workers in Government Regulation Number 51 of 2009 concerning Pharmaceutical Work can refer to Article 1 paragraph 22 or 52 paragraph (2) letter a of Government Regulation Number 51 of 2009 concerning Pharmaceutical Work. There is an inconsistency in the arrangement due to the content of the material being regulated contradicting each other. Ideally the Regulation of Pharmaceutical Workers in Positive Law, that Government Regulation Number 51 of 2009 concerning Pharmaceutical Work, nomenclature is not in accordance with the nomenclature stipulated in Law Number 36 of 2009 concerning Health, especially between the phrase work and practice.
QUO VADIS: LEGAL CERTAINTY OF INFORMAL WORKER THROUGH MANPOWER ACT Muhammad Prasetyo Wicaksono; Retno Rusdjijati; Nia Kurniati Bachtiar; Hary Abdul Hakim; Chrisna Bagus Edhita Praja
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.619

Abstract

Issue related to legal protection policies for informal sector workers in Indonesia still leaves a lot of debate among our society. The basis of this employment is in Law Number 13 of 2003 concerning Manpower which is further perfected and becomes a new hope for workers in Indonesia, this hope is stated in Law Number 11 of 2020 concerning Job Creation. However, the regulation needs to comprehensively regulate the existence of informal sector workers in Indonesia. Informal workers received no guarantees or protection; many had sum-proportional wages, were found to be physically ophysically abused, and had low welfare. This study aims to analyze legal protections for informal sector workers in Indonesia. This research is normative legal research that uses a legal and conceptual approach. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques in this study were carried out with a review literature study and then analyzed with a qualitative descriptive method. This study's results show that a legal vacuum (rechtsvacuum) regulates the existence of informal sector workers in Indonesia. It is inherent that informal sector workers receive more attention from the government as they are the largest group of workers in Indonesia. If analyzed with 'triadism law' theory, the current legal regulations in Indonesia are considered not to have fulfilled the elements of the purpose of law itself. Therefore, with that in mind to ensure the rights of informal sector workers, it is necessary to have clear rules and guarantee workers' rights including health insurance guarantees, legal umbrellas, environmental empowerment, welfare, and social protection.
LEGAL LIABILITY ON ADMINISTRATIVE TORT: RECENT REGULATION PERSPECTIVE Muhammad Farizka Sisma; Zakki Adlhiyati
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.592

Abstract

The development of judicial power brings some changes. One of them is the evolution of administrative law related to the object of administrative dispute, which embraces concrete action. Thus, the administrative tort was also affected by this change. This writing aims to understand the government's liability on the administrative tort and the regulation of onrechtmatige overheidsdaad before and after the enactment of Law Number 30/2014 on government administration. The normative juridical method reveals that the origin of authority plays a pivotal role in deciding the government's liability. Initially, the article of 1365 Civil Procedural Law was the legal based of an administrative tort, but in 2014 it was also stipulated in the Government Administration Law. In addition, The Law of Government administration broadens the limitation of administrative decisions and allows the administrative court to examine the administrative tort legally.  
THE EXONERATION CLAUSES IN PARKING PRACTICES: A REVIEW FROM THE PRINCIPLE OF PROPORTIONALITY AND INCLUSIVE LAW Simbolon, Herbert Petrus Wiro; Kurniawan, I Gede Agus
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.v8i2.655

Abstract

This research focuses on the analysis of exoneration clauses in parking practices from the perspective of proportionality and inclusive law perspectives. This research is a normative legal research with a concept, case, and statutory approach. The results of the study confirm that exoneration clauses in parking practices are usually not in accordance with the principle of proportionality because they ignore the substance in various court decisions where one of the substances is the exoneration clause should not be a means to "escape" from the responsibility of the parking manager because as stated in MA Decision No. 3416/Pdt/1985 parking practices are constructed as goods safekeeping agreements and the existence of an exoneration clause does not eliminate the responsibility of the parking manager to safeguard the goods deposited as long as it can be proven without any intention or negligence by the parking manager. Therefore, in the future the principle of proportionality can serve as a guide as well as a tester for the substance of the exoneration clause in parking practices. Furthermore, an inclusive legal perspective with regard to exoneration clauses in parking practices, in fact, exoneration clauses in parking practices is contrary to the spirit of prophetic law which emphasizes balanced legal relations and relations between parking managers and parking users as consumers. For this reason, to overcome the existence of an exoneration clause in parking practices is to involve the role of the regions in formulating a Regional Regulation which states that the exoneration clause in parking practices with the substance of business actors, namely the parking manager, is not responsible for losses suffered by consumers, namely parking users, is null and void by law. and can be accompanied as in the provisions of the PK Law.
KESADARAN HUKUM RESTORAN PESAN ANTAR MAKANAN TERHADAP PENGATURAN MENGENAI PENGURANGAN KANTONG PLASTIK DI SURABAYA Martika Dini Syaputri; Nany Suryawati; Kharisma Rafi’ani
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.598

Abstract

Timbulan sampah yang dihasilkan dari sisa aktivitas masyarakat menjadi problematika yang belum terselesaiakan bagi kota Surabaya. Laporan UN-ESCAP Surabaya menghasilkan 111.300 ton sampah yang terdiri atas 32% sampah plastik, 18% sampah layanan makanan sekali pakai, 14% sampah plastik produk sanitasi dan 12% merupakan sampah botol minum. Sebagai bentuk pelaksanaan dari program Sustanable Development Goals (SDGs), Pemerintah Kota Surabaya menerbitkan Perwali No. 16 Tahun 2022 tentang Pengurangan Penggunaan Kantong Plastik di Kota Surabaya. Bahwa banyaknya restoran pesan antar makanan secara online di Surabaya menjadi salah satu faktor yang menjadikan timbulan sampah plastik semakin meningkat. Dengan menggunakan metode yuridis empiris, penelitian ini mengambil sampel dari 50 merchant bergabung dalam go food, shoope food dan grab food yang ada di Kota Surabaya yang terdiri atas 30 merchant  milik prinadi dan 20 merchant milik badah hukum. Hasil penelitian menunjukkan bahwa seluruh responden menyatakan mengetahui adanya Perwali tersebut, namun hanya 20% yang sadar dan menjalan sesuai dengan aturan dengan beralih menggunakan kantong belanja ramah lingkungan dengan memberikan tambahan biaya pada aplikasi. Kendala dalam penerapan Perwali tersebut dikarenakan belum adanya dukungan sarana hukum, sehingga pengawasan belum dilaksanakan secara maksimal.
TRANSITION OF ONLINE SINGLE SUBMISSION (OSS 1.1 TO RISK-BASED APPROACH) TO INCREASE INVESTMENT IN WEST SUMATERA Upita Anggunsuri; Zahara Zahara
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.617

Abstract

The implementation of an online single submission risk-based approach (OSS RBA) is a manifestation of a government program to increase investment in a region. Business risk classification is an instrument of the Central Government and Local Government in controlling business activity. This study aims to find out the readiness of the local government to implement an online single submission risk-based approach. The method of the study is empirical legal research. The result of this study shows that Padang City has issued Mayor Regulation No 43 /2021 on Guidelines and Procedures of an online single submission risk-based approach Supervision as a follow-up to Government Regulation No. 5/2021 on implementation of online single submission risk-based approach; meanwhile, several other regions are in the process of drafting local regulations relate to implementing online single submission risk-based approach in West Sumatera Province. The challenges of local government to implement OSS RBA consists of indefinite license periods in the particular business field (Appendix I Government Regulation No 5/2021), the regional support system has not integrated OSS RBA and the readiness for the transition from manual RDTR to digital RDTR in West Sumatera.
REVIEW OF ISLAMIC CRIMINAL LAW AGAINST CRIMINAL ACTION OF ABUSE OF SHARP WEAPONS AZ, Mutiara
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.v8i2.663

Abstract

Carrying a sharp weapon is a criminal act which can cause harm to other people, both on property and even killing other people. In addition to the consequences, carrying a sharp weapon can also cause harm to the criminal himself. The sharp weapon misuse is actually not a new thing. It is a form of crime as stipulated in Article 2 Paragraph 1 of the Emergency Decree Number 12 year 1951. The objectives of this study were to find out how was the basis for judges' considerations in imposing criminal sanctions and the review of  Islamic criminal law in adjudication  of District Court of Palembang Number 821/Pid.Sus/2020/PN.Plg. The method used was the Normative legal research method, which was obtained from literature review (Library Research). The results of the study showed that before imposing a criminal decree, the judge first payed attention and considered the basic principles of justice, legal certainty, utility in imposing a sentence based on the crime committed by the defendant.
ANALISIS TERHADAP FAKTOR TERJADINYA DAMAI DI TEMPAT OLEH OKNUM POLISI DAN MASYARAKAT (ANALYSIS OF THE FACTORS OF PEACE IN PLACE BY POLICE PERSONNEL AND COMMUNITY) Alfira Hafidzatun Nisa'; Nurika Falah Ilmania
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.675

Abstract

Laws are created to provide benefits and ensure safety, such as for motorists and drivers, as stipulated in Law Number 22 of 2009 concerning Road Traffic and Transportation by the State. This regulation has established an Indonesian National Standard for vehicles, especially motorized ones. However, in the city of Malang, there are still many cases of motorbike raids that do not comply with the regulations, resulting in frequent zebra operations and on-the-spot settlements of fine cases. In this study, empirical juridical methods were used, including interview and observation techniques. It was found that one of the factors contributing to the occurrence of these violations is the lack of public awareness regarding peaceful arrangements in places. The study aims to provide a perspective that such violations constitute criminal acts and are subject to sanctions under Article 378 and Article 415 of the Criminal Code, as well as Article 8 of Law Number 20 of 2001, which concerns amendments to Law Number 31 of 1999 concerning the eradication of corruption. Therefore, one of the preventive measures to reduce such violations is to raise awareness among the public that these actions are criminal acts, including corruption.
REINSURANCE ARRANGEMENTS ASSOCIATED WITH GUARANTEE LEGAL RESPONSIBILITIES Santri, Selvi Harvia
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.v8i2.670

Abstract

The use of diversion responsibility or reinsurance arrangements as a way for insurance companies to protect themselves from losses by cooperating with a reinsurance company. One reason for utilizing reinsurance is to distribute risk. Reinsurance becomes more understandable when insurance claims occur, and it is not possible to have reinsurance without having insurance first. The legal framework for insurance and reinsurance is explained in the Criminal Code or Law Number 40 of 2014 concerning business insurance. However, there is no provision that clearly defines what is meant by reinsurance, which can cause problems if there are insufficient answers regarding the company's reinsurance payment for losses. Therefore, legal certainty is necessary. The research objective is to determine the form of responsibility of the guarantor in reinsurance, and the normative law method is used. The Ex-Gratia Payment clause outlines the responsibility of the reinsurance company to the insured, allowing the insured to claim compensation from the insurer for reinsurance claims.
Quo Vadis : Kebijakan Politik Hukum Bank Syari’ah Pasca Undang-Undang Nomor 21 Tahun 2008 Tentang Perbankan Syariah Rahmadi Indra Tektona
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.613

Abstract

The existence of legal politics in Islamic banks comprises the most common method for creating and enforcing regulations that can illustrate the kind and course in which the law will be constructed and implemented on the grounds. This is because the definition of legal politics itself is the official direction that the state uses as a basis to create and implement laws to achieve state goals. There are two dimensions of legal politics to consider when studying regulation: the basic policy dimension of why regulation is promulgated and the policy dimension of enactment. Regulations must be able to provide a basis and respond to the absence of the necessary supporting institutions for the Sharia banking industry, which serves as a form of improvement and implementation of the process of transforming the system of Islamic law into an integral part of the national legal system and laws regarding the operational system of banking business activities. The participation of Islamic banks in Indonesia is an important factor in national growth. This study employs an analytical-descriptive approach. It is a study that uses the statutory approach and the conceptual approach to define the scope and assess its existence. The formulation problem of this study is Quo Vadis: The Legal Politics of Islamic Banks under Post-Law Number 21 of 2008 on Sharia Banking. The purpose of this study is to examine the role of the state in regulating the development of Sharia banking in the context of the Plan to Create a Law on Sharia Economics.

Page 14 of 19 | Total Record : 189

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