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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 ROLE OF TOGURA NUADA AS A MEDIATOR IN KAILI TRIBE'S HOUSEHOLD CONFLICT RESOLUTION Ilma, Intan Nur; Syafii, Ahmad; Mursyid, Besse Tenriabeng
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.v10i1.994

Abstract

In a marriage relationship, household conflicts can be resolved in various ways, one of which is mediation by Togura Nuada, as carried out by the Kaili Tribe in Wani Lumbumpetigo Village. Alternative dispute resolution is divided into litigation (through the courts) and non-litigation (outside the courts). Mediation by Togura Nuada is a non-litigation resolution based on local wisdom, based on the concept of living law as recognized in Article 18B Paragraph (2) of the 1945 NRI Constitution. This study aims to identify the role of Togura Nuada as a mediator in household conflicts in the Kaili community, as well as supporting and inhibiting factors. This research is empirical juridical with an empirical approach. The study results show that Togura Nuada plays an active role as a mediator. Supporting factors include community culture, social legitimacy, and support systems. Inhibiting factors include limited resources and attitudes of the conflicting parties. To overcome these obstacles, adequate infrastructure, communication skills, emotional intelligence, and a deeper understanding of culture are needed.
LEGAL PROTECTION FOR CONSUMERS AGAINST ILLEGAL PHARMACEUTICAL DRUG SALES Mohamad, Fiqih Ashar; Wantu, Fence; Rahim, Erman
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.v10i1.1060

Abstract

The purpose of this study is to provide a clear picture of the mode of selling illegalpharmaceutical drugs online, as well as to examine the form of legal protection for consumers in thesale of illegal pharmaceutical drugs online. This research was conducted at the office of the Foodand Drug Supervisory Center of Gorontalo Province. This research uses normative researchmethods but is supported by empirical data and uses a qualitative approach through descriptiveanalysis methods of secondary data. Through a legal approach, this research examines existingregulations and sanctions for lawbreakers related to illegal drugs and a conceptual approach tobuild an ideal model of legal protection. The results show that the mechanism for selling illegalpharmaceutical drugs online is carried out through various modes, including falsification ofdistribution permits, use of unregistered digital platforms, and misuse of information technology.The form of legal protection for consumers on the sale of illegal pharmaceutical drugs online mustbe strengthened through clear regulations and strict law enforcement. Although consumerprotection laws and health laws have provided a legal basis for consumers to protect themselvesfrom unfair trade practices, there are still many challenges in implementing and enforcing laws thatare less effective and have been unable to keep up with the times.
INDONESIA’S CRACKDOWN ON RISING ONLINE GAMBLING Manggala, Bayu Suryadi; Nugroho, Andriyanto Adhi
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.v10i1.1096

Abstract

The rapid rise of online gambling in Indonesia stems from economic hardship, limited legal awareness, and the exploitation of digital technologies for illegal activities. This study aims to examine the accountability of the Ministry of Communication and Digital Affairs (Komdigi) in combating online gambling through a normative juridical approach. The central issue addressed is how Komdigi’s legal authority and strategic role are implemented in managing a secure digital space. The research applies a normative legal method by analysing relevant legislation and administrative practices. Findings indicate that Komdigi has exercised its mandate through AI-based detection systems, public reporting platforms, and inter-agency collaboration with the Financial Services Authority (OJK), the Financial Transaction Reports and Analysis Center (PPATK), and the National Police to block access and take enforcement actions. This research is novel in its mapping of cross-sectoral synergy, reflecting the state's collective effort to combat digital crime. The results show that blocking alone is insufficient, as gambling websites are highly adaptive. It recommends enhancing digital literacy, reinforcing social values, and regularly assessing blocking mechanisms for long-term prevention.
THE PRINCIPLE OF ACCURACY IN FAMOUS TRADEMARK REGISTRATION: AN ANALYSIS OF COURT RULING NUMBER 36/PDT.SUS-MEREK/2024/PN.NIAGA.JKT.PST Arifin, Azzahra; Joesoef, Iwan Erar
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.v10i1.1078

Abstract

The trademark registration system in Indonesia, namely First to File, is often misused by unscrupulous individuals to register trademarks similar to well-known brands. This study aims to analyze and address issues related to trademark registration in Indonesia, including the First to the File system in trademark registration, primarily based on the “Jollibee vs Jollybe” trademark dispute, by integrating the use of one of the General Principles of Good Governance (AUPB), namely the principle of accuracy. Implementing AUPB can reduce the potential for conflicts and trademark disputes in the future. This study uses a statute approach by prioritizing primary and secondary data sources collected through literature research and uses qualitative descriptive analysis techniques. The results of this study indicate that the First to File system in trademark registration in Indonesia only provides legal protection after the Trademark is registered. Therefore, applying the Principle of Care in AUPB as a guideline in the trademark registration process is essential. However, suppose there is an error made by the trademark examiner when registering a trademark. In that case, it can be accounted for by creating a report addressed to the Indonesian Ombudsman to obtain mediation, consolidation, or adjudication.
LEGAL ANALYSIS OF LOCAL GOVERNMENT SUPPORT IN THE DISTRIBUTION OF PARTICIPANTS RECEIVING CONTRIBUTION ASSISTANCE TO PRIVATE PRIMARY HEALTH CARE FACILITIES Arimbi, Diah; Amantita, Aliesa; Andayani, Lily
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.951

Abstract

Abstract Local governments play a crucial role in managing the National Health Insurance (Jaminan Kesehatan Nasional, JKN). Despite various advancements achieved, issues surrounding the uneven distribution of Participants Receiving Premium Assistance (Penerima Bantuan Iuran, PBI) persist and fail to meet the principles of justice. This situation also threatens the rights of JKN participants. The objective of this research is to evaluate the support provided by local governments to the JKN program. The research methodology employs a juridical normative approach. Research findings reveal an agreement that all PBI participants must be registered with Community Health Centers (Puskesmas), resulting in limited freedom for PBI participants, including those who are impoverished and underprivileged, to select healthcare facilities in accordance with the provisions of the Health Law. Legally, local government support for the JKN program is explicitly stated in the Health Insurance Law (Undang-Undang BPJS) and Government Regulation Number 82 of 2018. However, the distribution of PBI participants is still not fully implemented.  AbstrakPemerintah daerah memiliki peran yang sangat penting dalam mengelola Jaminan Kesehatan Nasional (JKN). Meskipun telah dicapai berbagai kemajuan, permasalahan dalam distribusi peserta Penerima Bantuan Iuran (PBI) yang belum merata dan belum memenuhi prinsip keadilan tetap menjadi isu yang perlu diatasi. Situasi ini juga mengancam hak-hak peserta JKN. Tujuan dari penelitian ini adalah untuk mengevaluasi dukungan yang diberikan oleh pemerintah daerah terhadap program JKN. Metodologi penelitian menggunakan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa telah ada kesepakatan bahwa seluruh peserta PBI wajib didaftarkan di Puskesmas, yang pada gilirannya mengakibatkan peserta PBI, termasuk mereka yang berstatus miskin dan tidak mampu, tidak memiliki kebebasan untuk memilih fasilitas kesehatan sesuai dengan ketentuan dalam Undang-Undang Kesehatan. Dari segi hukum, dukungan pemerintah daerah terhadap program JKN jelas tertera dalam Undang-Undang BPJS dan Peraturan Pemerintah Nomor 82 Tahun 2018. Namun, distribusi peserta PBI masih belum sepenuhnya terlaksana. 
DIGITAL COMMUNICATION AND ITS IMPLICATIONS FOR DEFAMATION LAW: TOWARD RESTORATIVE JUSTICE Lubis, Rahmad; Sulaiman, Heri; Purnama, Desi; Nuranisah, Nuranisah; Mutakin, Ali
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1016

Abstract

 The rise in defamation cases in the digital era has accompanied the rapid growth of social media, which enables information to spread widely and quickly. In Indonesia, regulations—notably Article 27(3) and Article 28(2) of the ITE Law—were designed to address this issue. However, their implementation has often been controversial, as they risk restricting freedom of expression and are sometimes applied repressively. This study evaluates the effectiveness of these regulations and explores the use of restorative justice as an alternative for resolving defamation cases. Employing a normative juridical approach, it analyzes various countries' laws, jurisprudence, and legal practices. The findings suggest that restorative justice mechanisms—such as mediation, apologies, and content removal—are more effective in resolving disputes than criminal approaches, which tend to escalate conflicts. Therefore, regulatory reforms, enhanced digital literacy, and collaboration among the government, social media platforms, and the community are essential to implementing restorative-based solutions. A more proportionate approach would enable Indonesia’s legal system to handle defamation cases more fairly, without undermining freedom of expression.
AN ANALYSIS OF THE FULFILMENT OF CHILDREN'S RIGHTS IN SCHOOL DROPOUT CASES IN THE TIN MINING AREA OF SOUTH BANGKA Saptahadi, Yundra; Yandi, Yandi
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1135

Abstract

This research examines the fulfilment of children's educational rights guaranteed in the Indonesian constitution in the case of school dropouts at SMK Negeri 1 Tukak Sadai, South Bangka Regency, which is influenced by tin mining activities. Using a socio-legal approach, this research examines the gap between constitutional guarantees and the social realities faced by children in tin-mining areas. This study uses in-depth interviews, field observations, and an analysis of relevant legal documents. The findings indicate that the combination of economic, social, and cultural factors, along with tin mining activities, plays a significant role in the high dropout rate at SMK Negeri 1 Tukak Sada. The implementation of educational rights guarantees in the constitution has not been optimal due to weak cross-sectoral coordination, lack of specific policies for mining areas, and inadequate supervision. This research recommends strengthening policies to protect children's educational rights in mining areas through an integrative approach involving the government, mining companies, schools, and the community to achieve the fulfilment of constitutionally guaranteed educational rights.
LEGAL IMPLICATIONS OF THE APPLICATION OF THE ONE-TIER BOARD SYSTEM ON THE MANAGEMENT ORGANS OF INDIVIDUAL COMPANIES Nur Hasanah, Aida; Hasanah, Uswatun
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1089

Abstract

The implementation of Law Number 6 of 2023 concerning Job Creation offers Micro and Small Enterprises the opportunity to formalize their operations as legal organizations, namely as Individual Companies. Individual Companies have the same legal-entity concept as a Limited Liability Company, with limited liability. The management structure of a sole proprietorship uses a one-tier board system, in which the functions of commissioners and directors are integrated into a single entity. This research aims to explain the application of the one-tier board system in Indonesian sole proprietorships and to analyze its legal consequences for the company's management organs. This includes an examination of the legal entity status, management responsibilities, supervision and accountability, legal relationships with third parties, and financial and tax regulations. The results of the research show that an individual company provides legal entity status and limited liability protection for MSEs through simplified establishment procedures without the obligation of a notarial deed. The application of the one-board tier system optimizes decision-making efficiency. Still, it eliminates the function of internal control (checks and balances) by merging all organs of the company, which can increase legal risk and expose the company to potential liability piercing the corporate veil in the event of bad faith or managerial malpractice.
LEGAL CONSTRUCTION OF ZAKAT BASED ON LAW NUMBER 23 OF 2011 CONCERNING ZAKAT MANAGEMENT Fauzi, Rahmat; Rofiq, Ahmad; Kusriyah, Sri; Mashdurohatun, Anis
JCH (Jurnal Cendekia Hukum) Vol 11, 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.v10i1.1123

Abstract

This study aims to ascertain the Legal Construction of Zakat Management as stated in Law Number 23 of 2011 on Zakat Management. This research uses a juridical-normative approach, a methodology grounded in laws and regulations, and theories and concepts about the scope of zakat rules stated in statutes.   Originating in Indonesian Islamic teachings, Legislation Number 23 of 2011 about Zakat Management declared Zakat a beneficial law.  Zakat's status as a particular worship has enormous potential to enhance the well-being of Muslims in Indonesia if it is properly administered and applied.  According to the study's findings, Law Number 23 of 2011 concerning Zakat Management ought to be able to enhance the effectiveness and efficiency of Zakat management services and the benefits of Zakat in reducing poverty and promoting community welfare. This law strengthens the institutional framework for managing integrated zakat into a single integrated unit, enabling BAZNAS (Provincial and Regional BAZNAS) to become the sole institution with zakat authority and LAZ to support the enforcement of zakat collection, distribution, and utilization. Thanks to this law, institutions that collect zakat will be able to do so more effectively. The application of fines in Aceh to zakat payers (muzakki) who do not want to fulfil their obligations by paying zakat, which has been regulated in Aceh Qanun Number 10 of 2007 concerning Baitul Mal, as the true implementation of Islamic law. The provisions of this sanction cannot be applied in Law Number 23 of 2011 concerning Zakat Management because the Indonesian state is based on Pancasila, not on Islam, unlike Aceh, which is a special autonomous region. In the zakat law, fines can only be given to amil who commits irregularities and misuse of zakat funds, because this is included in criminal acts.
COPYRIGHT BINDING AND ASSESSMENT AS A FIDUCIARY GUARANTEE IN CREDIT AGREEMENTS IN INDONESIA Permana, Ade Riyan; Yuniarlin, Prihati
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1100

Abstract

Copyright in Indonesia, as protected by Law No. 28 of 2014, comprises moral rights and economic rights. Copyright, under Article 16 of the Copyright Law, is an intangible movable object that can be used as a fiduciary guarantee, thereby enabling potential credit through banking or non-banking institutions using copyright as collateral. Therefore, this research aims to understand the binding and valuation of copyright as an object of fiduciary collateral in credit agreements in Indonesia. This legal research method uses normative legal research, namely through library study, with a legislative and conceptual approach. The research results show that Copyright can be used as an object of fiduciary collateral in credit agreements, namely through the encumbrance of Copyright based on a notarial deed, including the Copyright certificate, which in this case serves as the primary collateral, and then the licensing agreement, which in this case serves as a source of profit (as additional collateral). The economic valuation of Copyright collateral uses several approaches, including the cost approach, market approach, income approach, and other approaches as defined by valuation standards. However, until now, there are no Bank Indonesia regulations governing Copyright as collateral, nor are there guidelines for determining the liquidation value of Copyright as fiduciary collateral in Indonesia.

Page 18 of 19 | Total Record : 189

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