cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota payakumbuh,
Sumatera barat
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
 14   15   16   17   18 
CRIMINOLOGICAL STUDY OF THE CRIME OF ILLEGAL SOLAR SMUGGLING FOR FISHERMEN IN RIAU ISLANDS PROVINCE Widiyani, Heni; Farhan, Muhammad Idlal; Oktapi, Deric Ninelee; Purnomo, Armando Tri Cahyo; Suryani, Dewi Ervina; Efritadewi, Ayu
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.v9i1.791

Abstract

The problem of illegal distribution of diesel fuel in the Riau Islands Province is something that is no longer commonplace, this is caused by several factors which will be explained by researchers from a criminological perspective. The aim of this research is to provide study material for academics, legal observers and students regarding the distribution of illegal diesel from a criminological perspective. This research uses a normative research method with a deductive approach, examining legal norms, principles and principles, as well as related statutory provisions. This research focuses on the phenomenon of illegal diesel smuggling in the Riau Islands Province, especially by fishermen. In his analysis, the author uses criminological factors that are behind this action, such as economic factors, social environment, possible places, and habits of imitating crime. The research results show that illegal diesel smuggling in the Riau Islands Province occurs due to economic disparities and psychological factors of the perpetrators. Law enforcement of this action requires the role of various factors, including law, law enforcement, supporting facilities, community participation, and culture.
DEBTORS LEGAL CERTAINTY POST CONSTITUTIONAL COURT’S DECISSION NO 18/PUU-XVII/2019 CONCERNING PARATE EXECUTION FOR FIDUCIARY GUARANTEE OBJECTS Satya M, Bhatara Eri; Winanti, Atik
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.v9i1.752

Abstract

After the publication of PMK No. 18/PUU-XVII/2019, it essentially canceled the parate execution for the object of fiduciary guarantees over the debtor's control. However, until now, parate executions are still being carried out to resolve disputes between debtors and creditors. This research aims to examine the legal certainty of debtors and the legal consequences of PMK Decision No. 18/PUU-XVII/2019 in cases of partial execution of fiduciary collateral objects. This research method is normative law with a statutory approach, and the main data is secondary data. The results of this research: the legal protection given to debtors if the execution process continues after PMK No. 18/PUU-XVII/2019 can take legal action as an appeal as a stance to oppose the court's decision on a judge's decision which is deemed not to provide justice. The debtor can also take criminal legal action if the execution is still carried out using coercion because he has fulfilled the criminal offense. The impact of PMK Law No. 18/PUU-XVII/2019 on the legal certainty of debtors in cases of parate execution, the object of the fiduciary guarantee is to conditionally cancel the parate execution. However, many execution parate cases after the publication of PMK No. 18/PUU-XVII/2019 indicates that there is no legal protection for debtors as well as legal certainty regarding the application of the execution parate regulations. This further reduces the debtor's legal certainty because the judge's view of the two cases of execution parate for the object of fiduciary collateral did not consider execution parate as an unlawful act.
COMPENSATION FOR HOME MORTGAGE CREDIT TRANSFER BY THE DEBTOR WITHOUT THE BANK'S KNOWLEDGE Firdaus, Amalina; Sativa, Annisa
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.v9i2.919

Abstract

        The transfer of mortgage loans to third parties without the bank notice may result in losses between the bank and the third party. because in this process there must be approval from the bank as a creditor and is marked by an authentic deed as a reinforcement in this agreement. Therefore, this article aims to determine the validity of the private deed agreement on the transfer of mortgage loan credit without notification to the bank and the legal consequences of compensation for ownership of the object of mortgage loan credit after the private deed agreement of the transfer of the debtor. The research method used is normative juridical which is research that refers to legal norms and national laws, With a research approach (statute approach). The results of this study indicate that the transfer of a mortgage loan (KPR) to a third party without the bank's knowledge is null and void by law or invalid and the legal consequences arising from these actions, creditors and third parties can sue and request compensation from the debtor for defaulting, then for the third party who has received the transfer of the mortgage loan does not get a name change.
THE URGENCY OF THE PROHIBITION OF POLITICAL PARTY CADRE MEMBERS FROM PARTICIPATING IN THE RECRUITMENT OF CONSTITUTIONAL JUDGES Ayu, Putri Diah; Jufri, Muwafiq
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.v9i1.807

Abstract

The position of constitutional judge is one of the positions whose conditions are regulated in the 1945 Constitution. The public has questioned the election of Arsul Sani as a PPP cadre Judge from the DPR RI element because he has not resigned as a PPP cadre and member of the DPR after being approved as a Constitutional Court Judge in the DPR RI plenary session. This research aims to assess justification for phenomena that occur through legal construction. What is the urgency of limiting political party cadres for electing constitutional judges, and what is the concept of limiting political party cadres to become Constitutional Judges? This research uses normative research methods with conceptual, statutory and case approaches. The results of the research are that first, the urgency for political party cadres to be prohibited from participating in the selection of prospective Constitutional Court judges, the decisions will benefit their cronies. The second concept of limiting political party cadres to become constitutional judges does not yet have regulations. However, the prohibition on holding concurrent positions for Constitutional Judges is regulated in Article 17 of Law No. 23 of 2003 concerning the Constitutional Court. According to legal procedures and ethics, candidates for Constitutional Justice who will be nominated are not permitted to hold concurrent positions. The correct implementation of the selection and appointment of constitutional judges is that the proposed candidate should resign first from their position.
REVOCATION OF HADHANAH AT THE PEKANBARU HIGH RELIGIOUS COURT (DECISION ANALYSIS No.26/ Pdt.G /2023/ PTA.Pbr) Saragih, Chantika Andini; Khalid, Khalid
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.v9i1.750

Abstract

The purpose of this writing is to know and understand the methods and concepts used by judges to determine the revocation of child custody (hadhanah). The method used in this study is normative legal research. Legal research is a method of examining documentary studies, which includes the use of several materials such as court decisions, legal theories, regulations and laws. The topic of discussion this time is the analysis of the judge's decision regarding the revocation of child custody at the Pekanbaru High Religious Court decision No.26/Pdt.G/2023/PTA.Pbr as the subject of this research. The results of this analysis show that the method for taking hadhanah in the Pekanbaru Religious Court's decision was carried out by the Pekanbaru Religious High Court's panel of judges while taking into account the signs in its decision, especially because the benefit of the life of a child who is not yet 12 years old is the right of the mother. Regarding this matter, according to Article 105 of the Compilation of Islamic Law, it explains in more detail that if there is separation between husband and wife, among other things (1) custody of children under 12 years of age is the mother's right.
JURIDICAL REVIEW OF CUSTOMER SATISFACTION LINKED TO CONSUMER PROTECTION LAW IN PHARMACY MANAGEMENT Citra, Helfira; Wahyuni, Sry; Rafasya, Raudhatul
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.v9i1.813

Abstract

Service quality is an essential factor that can provide satisfaction for customers. Nowadays, humans start by filling current interests into fundamental human interests. The form of interest is the interest in health services (pharmaceuticals). Health is one of the necessities of life, and as is often said, health is essential to support daily life, and health is indeed expensive. When you are sick, your everyday life is affected, and you may not be able to walk well. People realise that health is essential because they cannot live decent lives if their health needs are unmet. Referring to Consumer Protection Law No. 8 of 1999, consumers have several rights, including comfort, security and safety in consuming products and services and choosing them according to the exchange rate and conditions according to the agreement. This research aims to develop a consensus between pharmacy managers and suppliers regarding customer satisfaction. In this research, we will use a sociological (empirical) legal approach, namely examining legal guidelines from the point of view of their application. Meanwhile, the research category carried out in this research is analytical descriptive. This research obtains a complete description of the forms of agreements or agreements between pharmacy managers and suppliers to achieve consumer protection; this consumer protection is based on benefits, justice, balance, consumer security and safety, and legal certainty. In this case, the form of agreement in this paper is using an obligatory agreement, namely a consensual agreement contained in Book 3 of the Civil Code, and a consensual agreement, namely an agreement that is binding after both parties have reached an agreement.
THE URGENCY OF THE HEAD OF VILLAGE’S EXTENSION FROM LEGAL PERSPECTIVE AND DEMOCRATIC THEORY Syafwar, Robi; Marwenny, Elwidarifa; Utama, Bobby Setia
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.v9i1.790

Abstract

The Head of Village’s office work of only six years is considered too short, so elected village heads often do not have enough time to complete development plans in their villages. It is hoped that extending the Village Head's term of office to 9 years will increase the effectiveness of development and community welfare. On the other hand, extending the term of office is considered inconsistent with the spirit of democracy and the principles of the rule of law. This research aims to find out the legal regulations related to the position of village head and the urgency of extending the work of village head from a legal perspective and democratic theory. The author utilizes qualitative research methods with a normative juridical approach to explain the questions asked. The development of policies governing the term of office of village heads in Indonesia reflects changes in the structure of the village government. The discourse on increasing the term of office of village heads to nine years raises profound questions about the balance between leadership stability and the essence of democracy in the context of village government in Indonesia. Extending the term of office of village heads is not in line with the spirit of democracy and can open up space for developing oligarchy at the village level. Limiting power and limiting terms of office are the main principles for preventing abuse and maintaining balance in government.
INTERAKSI NOTARIS DAN DINAMIKA HUKUM AGRARIA DALAM TRANSAKSI TANAH Noor, Aslan; Rusaedi, Attansya Rafli; Izzani, Muhammad Hasbi Rizqan; Wildan, Wildan
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.v9i2.841

Abstract

A notary can authenticate deeds and other legal responsibilities as a public official. With the enactment of UUJN no. 30 of 2004, discussions arose regarding the notary's jurisdiction in drafting deeds on land matters. This study aims to assess the efficacy of notaries' roles and duties in facilitating land registration processes in Indonesia, utilizing normative juridical methods to inventory, review, analyze, and comprehend legal norms governing notarial functions. It elucidates that, according to PP No. 24 of 1997, the individual assisting the Head of the Land Office is referred to as PPAT, with no mention of notaries as officials authorized to draft deeds for land registration. Nonetheless, certain deeds require notarial authentication when the PPAT lacks authority, serving as an essential component for land registration. Notaries' pivotal role and responsibility in land registration activities lie in the function of the deeds they produce, serving as evidence of legal actions and foundational documents for land registration at land offices. Consequently, the absence of notarial deeds could impede land registration data maintenance, as they are indispensable prerequisites for land registration processes.
JURIDICIAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 IN THE PERSPECTIVE OF LEGAL SOCIOLOGY M, Tina Diarti; Zukriadi, Diki
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.v9i2.981

Abstract

This study aims to examine the juridical implications of Constitutional Court Decision Number 90/PUU-XXI/2023 from the perspective of Legal Sociology. The issue of the obstruction of democracy due to conflicts of interest, aimed at maintaining political dynasties that indirectly reflect the practice of nepotism surrounds the decision, especially with the difference of opinion among the judges. This research is qualitative in nature and uses normative legal research methods, that rely on secondary data in the form of research results or journals. The results show that the Constitutional Court Decision No. 90/PUU-XXI/2023 which contains amendments to Law No. 17/2017 Article 169 letter q, which regulates the age limit for candidacy for president and vice president does not have a formal defect and does not conflict with the Judicial Power Law. However, this decision caused controversy because of the family relationship between the Chief Justice of the Constitutional Court and his nephew. From the perspective of legal sociology, the decision can be seen as a deviation from the principle of judicial independence that has the potential to create conflicts of interest and reduce public trust in the judicial system. In addition, this decision also exacerbates social inequality caused by political dynasties that utilize the law as a tool to maintain political dominance. The stifling of democracy is reflected in the limited public access to political processes and legal decisions, as well as the practice of nepotism that raises concerns about the logical consistency of decisions made quickly. Disagreements among judges, through dissenting and concurring opinions, indicate different values in interpreting the law.
THE FULFILLMENT OF THE RIGHT TO HEALTH FOR INDONESIAN CITIZENS ABROAD: A HUMAN RIGHTS AND ISLAMIC LAW PERSPECTIVE Izadi, Fariz Farih; Setiawan, Dian Alan; Rohman, Abdul
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.v9i2.897

Abstract

This research aims to explore BPJS Kesehatan as a mechanism for fulfilling the right to health, Indonesia's responsibility in ensuring the fulfillment of the right to health, and to evaluate the realization of the right to health for citizens abroad in the context of human rights theory and Islamic law perspectives regarding health rights. This study employs a normative legal research method by examining various literature-based sources. The findings conclude that the social security system is implemented through a social insurance mechanism designed to ensure that all Indonesian citizens are protected under an insurance system, thereby enabling them to meet their basic health needs. The fulfillment of Indonesian citizens' health rights has been primarily focused on healthcare services. However, essential health prerequisites such as access to clean drinking water, adequate sanitation, sufficient nutrition, health-related information, environmental health, and workplace health still need to be fully met. Safeguarding life (hifzu nafs) is one of the maqasid al-shariah, where preserving life results from preventive and curative health efforts, allowing every citizen to maintain their well-being with a decent and mentally fulfilling life. It demonstrates that the state's fulfillment of the right to health is aligned with the concept of hifzu nafs, or the preservation of life.

Page 16 of 18 | Total Record : 175

 14   15   16   17   18 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM) Vol 9, No 2 (2024): JCH (JURNAL CENDEKIA HUKUM) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM) Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM) Vol 8, No 1 (2022): JCH (JURNAL CENDEKIA HUKUM) Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM) More Issue