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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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JURIDICAL REVIEW LARGE-SCALE SOCIAL RESTRICTIONS IMPLEMENTED BY LOCAL GOVERMENTS Nur Fasha, Moch Gandi; Diamantina, Amalia
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.v8i2.472

Abstract

This research discusses the policy guidelines for implementing PSBB, which is one of the models used by the Government in handling Covid-19. The focus is on the legal issues related to the process of determining PSBB at the regional level. The paper uses a normative juridical approach to examine the proposed PSBB policy by the Local Government and its legal implications. The research finds that the proposed PSBB policy has limited the Local Government's ability to set PSBB at the regional level. The legal implications of imposing large-scale social restrictions at the regional level have resulted in a failure to realize the legal benefits of treating the Covid-19 pandemic as an emergency. The direction and legal implications of the proposed PSBB policy are discussed in detail in this paper.
POLICY OF ESTABLISHING THE DATE OF THE PAYMENT OF RURAL AND URBAN LAND AND BUILDING TAXES IN INDRAGIRI HILIR DISTRICT Budi Suprianto
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.v8i1.584

Abstract

Payment of Land and Building Tax in the Rural and Urban Sector (PBB-P2) that exceeds the maturity limit will be subject to administrative sanctions in the form of interest of 2% per month calculated from a maximum period of 24 months from the time the tax becomes due. This could potentially lead to impartiality towards PBB P2 taxpayers who are late in paying taxes. This research is a type of normative legal research, which focuses on positive legal norms. This normative legal research method examines the law from an internal perspective with the object of research being legal norms. The purpose of the study was to analyze the setting of the due date for PBB-P2 payments and to analyze the legal concept of determining the due date for PBB-P2 payments. The results of the study explain that PBB-P2 through regional and central regulations does not provide administrative certainty in the payment and deposit of PBB-P2 and does not adjust the meaning of the tax year and can result in the obligation to pay PBB-P2 through the tax year. This will result in a lack of effectiveness in collecting PBB-P2 in the context of increasing local revenue. And it is necessary to harmonize existing regulations with the improvement of existing provisions and administration. This is important considering that local tax regulations and the tax itself are very important and of course adapted to the psychological, sociological and economic development of the community. Efforts to socialize the tax regulations made and the important thing is to urge taxpayers to fulfill their tax obligations clearly, correctly, on time and in the right amount.
ANALYSIS OF LOCAL GOVERNMENT POLICY MODELS IN PREVENTING CORRUPTION IN THE VILLAGE GOVERNMENT SECTOR Achmad Hariri; Samsul Arifin
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.v8i2.649

Abstract

A research problem is related to the number of corruption crimes that occur in a village government sector, especially with the issuance of Law number 6 of 2014 concerning villages (Village Law), in the mandate of the law village governments with the principles of recognition and subsidiarity are given the authority to manage village funds allocation. From the broad authority owned by the village, it has the potential to be misappropriated due to many factors that includes human resources factors of the village apparatus, political factors and also the existence of power relations. The research purpose determined the regional government policy model in an effort to prevent corruption in the village government sector which was a model for local government policies. Therefore, the corruption in the village is increasingly suppressed.  While this research method used empirical juridical research methods, the empirical approach sees law as a social, cultural reality or das sein. Since the primary data used were obtained directly from Bangkalan in this research. The result showed that the local governments had the obligation to supervise village governments as article 115 of Law Number 6 of 2014 concerning the villages. It stated that districts / cities have a vital role, namely supervising village governments. Moreover, the minister of home affairs regulation number 113 of 2014 concerning village financial management explained that the government provinces are required to foster and supervise the provision and distribution of village funds, allocation of village funds, and revenue sharing of local taxes and levies from districts/cities. The potential for misappropriation of village government governance is caused by many factors, including human resources of village apparatus, political factors and also the existence of power relations. The policy model of the Bangkalan Regency Regional Government in an effort to reduce the misappropriation of power, especially the criminal act of corruption committed by thevillage apparatus, is still minimal. 
THE OBVIOUSNESS OF THE ARTICLE ON BODY SHAMING AGAINST CYBERBULLYING ON SOCIAL MEDIA BASED ON THE ITE LAW Rohman, Muhammad Holilur; Rusdiana, Erma
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.821

Abstract

Insulting the shape of the human Body, or what is familiarly known as body shaming, is an action by someone to criticize another individual's body shape, which originates from the imperfection of the body shape generally originates from; body shape is not ideal. Physique is not perfect, or there is a physical disability. The act of insulting the shape of the human Body or body shaming can be carried out verbally by carrying out direct insults aimed at insulting the individual, or an individual can criticize verbally and indirectly; in this case, the use of social media such as TikTok, Instagram, Facebook, Twitter. The research method used in this research is normative research. The results of the discussion obtained are that legally, the criminal act of insulting (body shaming) on social media can be subject to the provisions of the Law on ITE if the insult or body shaming is conveyed on social media and is expressed in the form of insults, ridicule, face, skin colour, and a person's body posture. So, this is included in the category of provisions of Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law No. 19 of 2016 concerning ITE. The legal protection provided to victims in criminal acts of insulting (body shaming) through social media is through LPSK, in the provisions of article 28 paragraph (1) of Law No. 31 of 2014 concerning the Protection of witnesses and victims.
CRIMINAL ASPECTS OF CHILD VICTIMS OF NARCOTICS CRIME IN THE PERSPECTIVE OF RESTORATIVE JUSTICE Mailuddin Mabruk, Moh Aziz; Fatoni, Syamsul
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.789

Abstract

Narcotics as a criminal act is often an essential concern in law enforcement cases by the government and society. The purpose of the establishment of the Narcotics Law, as in Article 4, is to prevent, protect and save the Indonesian nation from narcotics abuse and eradicate illicit narcotics trafficking. This research uses normative research methods by examining legislation. This normative research is intended to read legal regulations regarding how the validity of Restorative Justice in protecting children as victims of narcotics crimes. Because there are many cases of minors who are victims in the distribution of narcotics caused by an unstable economy. The regulation of the principle of restorative Justice for children has been accommodated in Indonesian legislation, even in the state constitution, namely the 1945 Constitution of the Republic of Indonesia; it also emphasizes the importance of the position and protection of children's rights, which must be further elaborated in everyday life in the nation and state. Handling children in drug abuse can use alternative efforts with restorative principles that position child punishment as "The Last Resort" with the theory of criminal law as Ultimum remedial, where it can improve itself according to the interests of the child when faced with the law.
THE URGENCY OF COLLATERAL IMPLEMENTATION IN THE MUDHARABAH FINANCE OF SHARIA BANKING IN INDONESIA Fauzi, Wetria; Wulandari, Ratih Agustin; Efendi, Raimon
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.702

Abstract

Mudharabah financing is a transaction based on the principle of cooperation, so it does not require collateral. But financing does not always run smoothly. Finally, Islamic banks require collateral in mudharabah financing. Of course, it is a debate among scholars. For this reason, the purpose of this study is to identify the basis for applying collateral to mudharabah financing, and setting collateral binding for mudharabah financing in Islamic banking. The research objectives will be answered by empirical normative legal research methods which analyze the norms and provisions that apply, supported by field research in the form of interviews, and observation as reinforcement. The identification carried out resulted in First, the ijtihad method is the basis for the obligation to provide collateral in mudharabah financing by not overturning the original concept with the Istihsan method, and adhering to the provisions in UUPS, PBI Number: 7/46/PBI/2005 concerning Contracts for Collection and Distribution of Funds for Banks conducting business activities based on Sharia Principles, and DSN Fatwa Number: 07/DSNMUI/IV/2000 concerning Mudharabah Financing (Qiradh). Second, Islamic banking has not regulated the binding of collateral to mudharabah financing in Islamic banking, so in practice Islamic banking uses guarantee institutions that are used by conventional banks.
CORPORATE CRIMINAL LIABILITY: AN ANALYSIS OF CORPORATE CRIME PERPETRATORS UNDER POSITIVE LAW IN INDONESIA Widyaningrum, Tuti; Khoirunnisa, Khoirunnisa; Jubaidi, Didi
JCH (Jurnal Cendekia Hukum) Vol 9, No 2 (2024): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i2.792

Abstract

This research discusses corporate criminal liability in Indonesia regarding corporate crime perpetrators in positive law. The economic interdependence between nations has increased the need for legal rules related to international trade and business. Corporate crimes have significant negative impacts on society and the environment. This research aims to analyze how corporate criminal liability is established based on positive laws in Indonesia regarding corporate crime perpetrators. This research employs a normative juridical approach, utilizing literature studies encompassing various sources such as books, online media, dissertations, and other relevant literature. The discussion encompasses the concept of corporate accountability in criminal acts and debates about who can be held accountable, the corporate entity or its executives. The results of this research serve as a basis for evaluating and improving the existing legal framework and contribute to developing more effective policies in addressing corporate crimes in Indonesia. The regulations regarding criminal liability for corporate crime perpetrators in Indonesia currently lack clear provisions and are scattered across multiple legislations. Therefore, a new Criminal Code should be promptly enacted to avoid legal loopholes in enforcing corporate criminal acts.
IMPLEMENTATION OF THE VIOLENCE ELEMENT WITHIN THE CRIME OF ROBBERY Adiansyah, Sayib Fauzi; Suyatna, Suyatna
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.796

Abstract

Judges are people who are believed to be representatives of God. Their decisions must always reflect justice for all the litigants, not only by the judge's beliefs but also by the astronomical knowledge of applicable theories and norms. Often, judges make mistakes when they observe almost similar cases, such as case 827/Pid.B/2021/PN.Jmr. The judge could not differentiate between the defendant's actions as theft and violence or an ordinary theft. This study analyzes the extent of the judge's assessment of the degree of violence in the crime of robbery. The research aims to find out how judges assess and determine the degree of violence in criminal acts of theft that involves violence. The research method used is a normative juridical method, referring to the statutory, conceptual, and case approaches, which takes samples of criminal case verdicts in the jurisdiction of the Jember District Court. The research results concluded that the judge was negligent and mistaken in applying the appropriate criminal code article based on legal facts. The defendant's actions were more appropriately said to have committed an ordinary theft as in the subsidiary indictment of the Public Prosecutor because normatively and theoretically, the defendant's actions referred more to the crime of common theft, not theft with violence.
PROBLEMS OF APPOINTING ACTING REGIONAL HEADS FOLLOWING THE POSTPONEMENT OF SIMULTANEOUS ELECTIONS Muslikhah, Umi; Izzati, Halimah Nur; Hajri, Wira Atma; Abadi, Husnu
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.704

Abstract

The appointment of an official head in the area, as regulated in the provisions above, gives rise to polemics at the level of implementation. Some of the polemics that arise as a consequence of appointing an official head area, among other things, is the lack of transparency in the appointment process of the official head area, and the appointment of an active TNI member as an acting head disfigures the spirit of reform. Additionally, there is not yet a rule managing the executor mechanism for the appointment of the official head area.This study aims to analyze the appointment process of the existing head area position at this moment as an effort to guard popular sovereignty, ensuring it is not injured by inadequate mechanisms, transparent, and yet firm policies that arrange the mechanism for appointing the official head area to prevent conflicts of interest. This study is a normative legal study, where the search uses secondary data with material references. The result of this study is the arrangement of the mechanism for appointing the current Regional Head acting is not yet arranged systematically, so the appointment process of the acting Regional Head experiences several problems, including the existence of a conflict of interest in appointing the acting Regional Head, and the duration of appointing the Acting Regional Heads, who have been around for quite a long time, has implications for the governance of the government area. Additionally, there exists the appointment of acting Regional Heads who are active TNI soldiers.
RESPONSIBILITIES OF LIMITED AND COMPLEMENTARY PARTNERS TO EMPLOYEE RIGHTS IF CV (COMMANDITAIRE VENNOOTSCHAP) DECLARES BANKRUPT Lukman Hadi, Ahmad; Santoso, Budi
JCH (Jurnal Cendekia Hukum) Vol 9, No 2 (2024): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i2.845

Abstract

While conducting business, a CV (Commanditaire Vennotschap) may face bankruptcy (Suspension Payment of Debt). In the Suspension Payment of Debt processes, it is crucial to consider the rights of employees. Therefore, it is essential to understand the responsibilities of each partner in the Major Labour Laws and Bankruptcy Laws regarding employee rights if the CV goes bankrupt. This study utilized a normative legal research method to analyze legislation, focusing on the inventory of positive law, legal principles, legal doctrines, legal findings in concrete cases, and legal systematics using secondary data (literature studies such as books, journals, theses, and dissertations). A CV (Commanditaire Vennotschap) cannot go bankrupt because it is not a legal entity, but bankruptcy can occur at the partner level within a CV (Commanditaire Vennotschap). The employee rights of limited partnership hold a particular position. The Major Labour Laws prioritize the payment of employee wages in the event of a company bankruptcy, while the Bankruptcy Law and suspension payment of debt tend to prioritize payment for other creditors secured by the company assets. Although there is legal certainty that payment of employee wages is a priority claim of the bankruptcy estate, there is controversy over this priority due to the different provisions of the two laws.

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