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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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THE EXISTENCE OF CUSTOMARY LAND OF THE KAUM AS COMMUNAL PROPERTY RIGHTS POST-CERTIFICATION IN LIMA PULUH KOTA REGENCY Putri, Vikkania Rahmi Andika; Nurdin, Zefrizal; Najmi, Najmi
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.v9i2.971

Abstract

This research is motivated by the fact that the existence of land is essential for human life; the land is not only understood as an economic resource, a place to live, and a place for the grave, but it is also something sacred, especially for the Minangkabau people, especially communal land which is considered to have magical religious value. The existence of communal land as communal property, especially in Fifty Regency Cities, is decreasing daily. Both in terms of quality and quantity, in terms of quality, with the certification of these people's customary rights, in the perspective of Minangkabau customary law, the quality will decrease because it will be easily transferred or switched to other parties, either by purchasing and selling or used as collateral at the bank. Regarding quantity, the certification of customary rights will make the land of high value and easy to buy and sell or transfer to other parties. Besides, Minangkabau customary law prohibits buying and selling of customary land; this is stated in the old custom saying or kato adat, "Jua indak makan bali, gadai indak dimakan sando," which means that customary land cannot be bought and sold. Its ownership is transferred to parties outside the legal community association.
CRIMINAL DEFAMATION ASSOCIATED WITH CYBERBULLYING ASPECTS IN TERMS OF JUSTICE FOR VICTIMS Tjandra, Billie Dick; Nugroho, Taufiq
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.v9i2.924

Abstract

Cyberbullying is a form of defamation in which the perpetrator disseminates information or statements that demean the victim through digital media. This act of defamation is regulated in the Criminal Code (KUHP) and Law Number 11/2008 on Electronic Information and Transactions (UU ITE). This research examines a case with decision number 127/Pid. In Sus/2017/PN Lsm, Sabri Ismail Bin Ismail was convicted of defaming someone on social media. The defendant was convicted of knowingly disseminating electronic information containing insulting and defamatory comments. This study aims to analyze the legal basis used by the judge in handing down the verdict and see the application of the ITE Law in defamation cases through social media. Using a normative legal framework and doctrinal research methodology, this research focuses on the legal principles and doctrines used in the decision. The specification of this research is in the form of descriptive documents, aiming to provide a comprehensive description of the Judge's decision in a case of defamation through digital media and clarify the legal limitations related to defamation in the digital era.
ENFORCEMENT OF JUSTICE IN INDIVIDUAL CRIMES RELATED TO THE DISTRIBUTION OF ILLEGAL CIGARETTES WITHOUT EXCISE TAX STAMPS Agfanwarman, Muhammad; Nugroho, Taufiq
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.942

Abstract

Cigarettes and tobacco products are a significant source of government revenue via the excise sector, and breaches of these regulations can adversely affect the state. This paper examines the implementation of legal penalties in combating the criminal offence of supplying illicit cigarettes without excise stamps, centring on the case of Vicky Utama Niriyanto. The defendant was convicted under Article 54 of Law No. 11 of 1995 regarding Excise, as amended by Law No. 39 of 2007, receiving a sentence of 10 months imprisonment and a fine of Rp50,000,000. The study's overarching goals are to suggest ways to improve judicial procedures and rules and to assess the efficiency with which law enforcement handles instances of illicit cigarette distribution. This study utilises a normative methodology with doctrinal analysis, scrutinising legislation, judicial rulings, and pertinent documents. The findings show that there are difficulties in enforcing the rules, even when criminal penalties for unlawful cigarette sales are consistent with those laws. This study helps to clarify the difficulties and potential solutions in implementing Indonesian legislation pertaining to the unlawful distribution of cigarettes. The results should also help lawmakers and lawyers better handle future instances like this one.
CONSUMER PROTECTION: THE PHENOMENON OF CONSIDERATION SERVICES FOR PURCHASE OF GOODS Aswari, Aan; Jannah, Miftahul; Fauzi, Fathu Rizqi; Aisyah, Nur
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.973

Abstract

The urgency of this research is to understand the unique impact of each legal action, enabling the improvement of the legal system and for the sake of legal justice. The analysis of legal relationships in the sale and purchase agreement of online entrustment services is important to identify the rights and obligations of each party, so as to ensure consumer protection, and serve as a basis for measuring the success of the e-commerce regulatory system. The purpose of this research is to analyze legal protection for consumers and detect the laws used by the parties in online goods purchase and sale agreements. This research uses empirical legal research methods. The results show that the legal protection of consumers in the sale and purchase agreement of online entrustment services is entitled to compensation and replacement if the goods received are not in accordance with the agreement. Personal shopper business actors have provided legal protection with the fulfillment of consumer rights. The legal relationship that occurs in the business of buying and selling services can be categorized as buying and selling because the essential elements are fulfilled, namely the agreement on goods and prices. The research aims to ensure that concrete action is taken, so far there are very few legal rules that specifically discuss personal shopper agreements, this is held in order to guarantee the rights and obligations and protection. For business actors, buying and selling services should in writing contain the obligations and rights of each, including the mechanism in the sale and purchase agreement and the responsibilities of personal shopper business actors.
THE URGENCY OF REGISTERING SKINCARE PRODUCT PACKAGING DESIGNS TO PREVENT UNFAIR BUSINESS COMPETITION Muna, Kholifatul; Pratama, Aditya Andela
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.961

Abstract

The viral skincare trend encourages business actors to compete to launch products with innovations in content, benefits, and attractive packaging designs including materials, shapes, colors, and logos to attract consumers' attention and differentiate their products from others. However, the reality is that practices such as product counterfeiting, brand imitation, and similar packaging often occur. This not only harms genuine business actors, but also confuses consumers and damages market reputation. The purpose of this study is to analyze and identify product packaging design registrations to prevent unfair business competition.  This research uses a normative juridical method by examining regulations and related legal literature. Various approaches are used to compare regulations and analyze packaging design protections. The results of this study show the importance of registering packaging designs as industrial designs or three-dimensional brands to prevent unfair business competition and protect owners from imitation and abuse. In addition, the revision of the Industrial Design, Business Competition, and Consumer Protection Law is needed so that regulations are in line with the development of the beauty industry and provide more optimal legal protection for business actors.
IMPLEMENTING THE SDGS: IMPLICATIONS FOR REGULATING MARRIAGE AGE IN INDONESIA Damayanti, Aulia Dwi; Ramadhani, Dwi Aryanti
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1091

Abstract

The amendment to Marriage Law No. 16 of 2019 sets a minimum age limit to protect children, particularly by reducing maternal and infant mortality rates. In reality, before and after the revision, the existence of marriage dispensations that have been granted continues to impact maternal and child health, as outlined in the Sustainable Development Goals (SDGs) under Goal 3. Therefore, this study aims to analyze the implementation of the marriage age limit and the impact of marriage dispensations on achieving the Sustainable Development Goals (SDGs). The research method used is a legal analysis (normative) approach and a legislative and historical approach based on literature reviews. The research findings reveal that challenges to achieving the SDGs still exist, particularly due to the high number of marriage dispensations granted and the increase in maternal and infant mortality rates. This study shows that there are still differences in the interpretation of urgent reasons because judges consider legal, social, and religious aspects in marriage dispensations, resulting in inconsistencies with the objectives of the law revision. Further study is needed regarding urgent reasons to consistently implement Marriage Law No. 16 of 2019 and Perma No. 5 of 2019. Preventive efforts through education on the negative impacts of early marriage, through inter-institutional collaboration, are also essential to enhance legal understanding and public awareness.
CONTEXTUALIZATION OF GAMBLING IN THE TRADITION OF CHINESE SOCIETY IN BANGKA Sirait, Suriadi; Sunggara, Adystia
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1051

Abstract

This study analyses the gambling tradition in the Chinese community in Bangka using a socio-legal approach to understand the implementation of Article 303 of the Criminal Code (KUHP). The gambling tradition in Chinese culture is often not only viewed as an economic activity but also as part of a social ritual involving specific cultural values. This study focuses on three main aspects: first, a historical and cultural exploration of the background of the gambling tradition in the Chinese community in Bangka; second, a legal review of the implementation of Article 303 of the Criminal Code which regulates gambling in the local context; and third, an analysis of how harmonization between positive legal norms and local cultural norms can be achieved in enforcing gambling-related laws. This text research applies a qualitative method with a descriptive-analytical approach involving interviews, literature reviews, and legal document analysis. The results of the study indicate that the repressive approach in the implementation of Article 303 of the Criminal Code often does not fully pay attention to the local cultural context, so the Restorative Justice Framework for Cultural Integration method is needed as an alternative solution in resolving conflicts between legal and cultural norms.
SYNCHRONIZATION OF CUSTOMARY LAW AND NATIONAL LAW: THE PERSPECTIVE OF THE NORTH TORAJA PEOPLE Samaluddin, Samaluddin; Nasrin, Nasrin; Wiridin, Darmawan
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1023

Abstract

Customary law has become an important part of the life of the people of North Toraja, its existence in solving social problems that occur is evidence that its role is very strategic. This research aims to understand how the people of North Toraja view and adapt customary law in the context of national law. Along with the challenges of globalization and social change, a deep understanding of the synchronization of these laws is very important. In this study, researchers used a case study research method with an explanatory research approach. The subjects in this study amounted to 3 (three) people consisting of traditional leaders, community leaders and local government. Based on the results of this study, it shows that synchronization between customary law and national law in North Toraja is a strategic step to create a more comprehensive and effective legal system for the needs of society. By integrating local values into the national legal framework, it is expected to build a harmonious and respectful society between tradition and modernity. The synchronization of customary law and national law in North Toraja shows that the integration of these two legal systems is essential to create justice and sustainability in society.
SOCIO-LEGAL ANALYSIS OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION DUE TO MASS EMPLOYMENT TERMINATION Rianza, Riri; Hariansah, Syafri
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1064

Abstract

The closure of five companies in Central Bangka Regency in May 2024 has resulted in mass layoffs of 675 workers. This fact reflects the social and legal reality (dass sein), which shows the weak protection of workers in a corporate crisis triggered by the Attorney General's Office's policy of blocking company accounts to enforce the tin trade law. On the other hand, this condition emphasizes the importance of a fair and crisis-adaptive mechanism for protecting and resolving industrial relations disputes (dass sollen). This study uses a socio-legal approach to evaluate local government interventions' effectiveness in dealing with the' impact of layoffs, including facilitating the disbursement of Old Age Security (JHT) through BPJS Ketenagakerjaan. However, these efforts are still temporary and have not touched on the long-term needs of affected workers. This study highlights the importance of holistic law enforcement, considering cross-sectoral impacts, and encouraging maximising the Job Loss Guarantee (JKP) program and job training as short-term solutions. These findings are expected to contribute to the development of an industrial relations dispute resolution model that is more responsive to the socio-economic context in Central Bangka.
THE ROLE OF CRIMINAL LAW IN MAINTAINING PUBLIC ORDER: A STUDY OF HOMELESS PEOPLE AND BEGGARS Isa, Muhammad Firmansyah; Puluhulawa, Fenty; Imran, Suwitno Yutye
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1062

Abstract

This research discusses the application of criminal sanctions against vagrants and beggars inGorontalo City based on the provisions of Articles 504 and 505 of the Criminal Code and otherrelated regulations. The phenomenon of the increasing number of vagrants and beggars in the cityposes challenges in law enforcement, especially in terms of the effectiveness of the implementationof criminal sanctions and the socio-economic obstacles behind it. This study aims to analyze theimplementation of criminal provisions against homeless people and beggars and identify factorsthat hinder their enforcement. This research uses a qualitative method with an empirical legalapproach, which is obtained through a literature study and interviews with relevant agencies. Theresults show that the application of criminal sanctions has not been running optimally due to weakinter-agency coordination, the absence of specific regional regulations, and cultural factors of thecommunity that still tolerate the practice of begging. Therefore, an integrated legal approach isneeded to create a more just and sustainable repressive, preventive, and rehabilitative solution.

Page 17 of 19 | Total Record : 189

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