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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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COASTAL WOMEN AS PERPETRATORS OR VICTIMS: AN ANALYSIS OF CRIMINAL PUNISHMENT AGAINST WOMEN IN CASES OF MARINE ENVIRONMENTAL DESTRUCTION IN EAST ACEH Yanti, Rika Afrida; Natsir, Muhammad; Krisna, Liza Agnesta
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.v11i1.1277

Abstract

This study examines two central issues concerning coastal women in cases of marine environmental destruction in East Aceh: (1) how environmental criminal law normatively constructs women as perpetrators, and (2) how law enforcement can incorporate substantive and restorative justice principles. Using a normative juridical method supported by analysis of legislation and judicial practice, the research finds that although the Environmental Protection and Management Law formally requires proof of fault (mens rea) for individuals, its application often remains formalistic and result-oriented. The law does not adequately differentiate between primary actors and structurally vulnerable participants, leading to the disproportionate criminalization of coastal women. The study argues that achieving genuine environmental justice requires a contextual and gender-sensitive approach, including proportional assessment of culpability and the selective application of restorative justice mechanisms. Legal reform is therefore necessary to align environmental protection with substantive justice and gender equality principles in coastal communities.
ANALYSIS OF POWER ASYMMETRY IN THE LEGISLATIVE PROCESS ANALYSIS OF THE WEAKENING ROLE OF THE HOUSE OF REPRESENTATIVES AS A LAWMAKER Theresia, Louise; Asfia, Hilyatul; Juniar, Vindira Edka
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.v10i2.1263

Abstract

This study examines the phenomenon of power asymmetry between the executive and legislative branches in the legislative process in Indonesia after the amendment of the 1945 Constitution, which has resulted in the weakening of the role of the House of Representatives (DPR) as a lawmaker. The study aims to analyze the weakening of the DPR's position and the implications of power asymmetry on the quality of national legislation. The methods used are a juridical-normative and a juridical-empirical approach, with qualitative analysis of secondary data in the form of legislative documents, meeting minutes, and literature reviews. The study's results reveal two main findings. First, the DPR has been weakened since the amendment of the 1945 Constitution due to the executive's dominance in controlling the National Legislation Program (Prolegnas) agenda and party coalitions, with 91% of the 48 laws for the 2020-2024 period originating from executive initiatives, making the DPR more of a ratification mechanism than an independent lawmaker. Second, this asymmetry of power has serious implications for the quality of legislation, which lacks transparency and public participation, as seen in the case of the Job Creation Law, which was declared conditionally unconstitutional, and the high number of judicial reviews at the Constitutional Court (more than 1,700 petitions), which indicates a systemic failure of the legislative system. These findings emphasize the need to reformulate the roles and working mechanisms between the DPR and the President to ensure a more balanced, participatory, and accountable legislative process.
LEGAL LIABILITY OF DEVELOPERS IN DUAL HOUSING CONTRACTS Sudirman, Indra Puspa Amy
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.v10i2.1203

Abstract

Land ownership issues often hinder the buying and selling of housing between developers and consumers in areas designated for residential development. Existing regulations continue to change, particularly following the enactment of Law Number 11 of 2020 on Job Creation. However, limited public understanding has given rise to various legal problems. This study addresses two main issues: 1. What are the mechanisms and legal problems that arise in sale and purchase agreements involving developers? 2. What is the liability of developers in sale and purchase agreements for land and buildings carried out on land they do not own? This research aims to analyze the legal aspects of the validity requirements for agreements from the perspective of land sale and purchase law and housing and settlement area regulations, using a normative, statutory approach. The study focuses on the application of legal rules and norms in positive law, using secondary data comprising primary, secondary, and tertiary legal materials. The results show that developers frequently market housing units even before construction is complete. Therefore, various legal remedies can be pursued in dispute resolution, but synergy among law enforcement authorities and preventive measures is necessary to ensure more effective dispute settlement.
THE AUTHORITY OF BANK INDONESIA AS A STATE INSTITUTION IN THE DISTRIBUTION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) Sari, Lilik Rosita; Endarto, Budi
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.v10i2.1257

Abstract

Corporate Social Responsibility (CSR) or Social and Environmental Responsibility (TJSL) constitutes a legal obligation imposed on companies as part of their responsibility toward society and the environment. Normatively, CSR regulation in Indonesia is directed toward limited liability companies, particularly those operating in sectors related to natural resource utilization. However, recent developments have raised legal questions about the implementation of CSR-like programs by Bank Indonesia, an independent state institution. This study employs normative legal research using statute, conceptual, and case approaches. The findings demonstrate that CSR or TJSL obligations are explicitly regulated under Law No. 40 of 2007 concerning Limited Liability Companies, Government Regulation No. 47 of 2012, and the Minister of State-Owned Enterprises Regulation No. PER-05/MBU/04/2021. Conversely, Bank Indonesia is governed by Law No. 23 of 1999 as amended by Law No. 6 of 2009 and is not a corporate entity subject to CSR obligations. From an administrative law perspective, the absence of explicit attribution of authority indicates that the implementation of CSR by Bank Indonesia exceeds its statutory mandate. This study highlights the normative boundaries of administrative discretion and contributes to legal discourse by examining CSR practices within non-corporate state institutions.
PERAN KONSTITUSI DALAM PEMBENTUKAN NEGARA YANG DEMOKRATIS Parlindungan S, Gokma Toni; Miasiratni, Miasiratni
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.v11i1.1288

Abstract

The constitution is the primary foundation for establishing a democratic state. As the highest legal norm, the constitution regulates the division of power, guarantees human rights, and limits government authority to prevent abuse of power. This study aims to analyse the role of the constitution in (1) establishing a democratic system of government and (2) maintaining the sustainability of democracy in state administration. This study uses a normative legal research method with a comparative approach. Research data are sourced from secondary legal materials, including constitutional documents, laws and regulations, legal literature, and relevant scientific publications. The analysis is conducted descriptively and analytically to explain how constitutional mechanisms support democracy. The results show that the constitution plays a crucial role in establishing a democratic government through the principles of popular sovereignty, separation of powers, checks and balances, and protection of citizens' basic rights. In addition, the constitution helps maintain democracy by promoting political stability, legal certainty, the protection of minority groups, and adaptive constitutional reform in the face of social dynamics and global challenges. Thus, strengthening the implementation of the constitution and its adaptability are key factors in maintaining democracy.
A COMPARATIVE ANALYSIS OF PROFIT-SHARING SYSTEMS IN FRANCHISE AGREEMENTS UNDER THE CIVIL CODE AND ISLAMIC LAW Adellya Azhari Harahap; Farid Wajdi
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.v10i2.1298

Abstract

This study examines the profit-sharing system in franchise business agreements through a comparative analysis between the Indonesian Civil Code (KUH Perdata) and Islamic law. As the franchising sector expands in Indonesia, the equitable regulation of profit-sharing arrangements between franchisors and franchisees assumes greater significance. This study endeavors to examine the legal structure that governs profit-sharing systems, the application of the principle of freedom of contract, and the legal obstacles encountered in their practical application. The research utilizes a normative juridical methodology, incorporating a comparative approach through the analysis of statutory regulations, legal doctrines, and pertinent DSN-MUI fatwas related to franchising and profit-sharing agreements. The principal findings are as follows: (1) profit-sharing systems within franchise agreements, as governed by the Civil Code (KUH Perdata), are fundamentally reliant on the validity criteria for contracts, as outlined in Article 1320 in conjunction with Article 1338; while the principle of freedom of contract affords considerable autonomy, it does not adequately safeguard substantive justice; (2) Islamic law prioritizes justice, transparency, and the avoidance of uncertainty (gharar) in profit-sharing arrangements; musyarakah is considered more suitable than mudharabah for contemporary franchise models, given the franchisee's capital investment; (3) considerable legal challenges persist, including the lack of specific profit-sharing regulations within franchise law, the potential for information asymmetry, and an unresolved legal gap concerning the enforcement of DSN-MUI fatwas in the context of dispute resolution.
DYNAMICS OF HALAL PRODUCT ASSURANCE REGULATION: A COMPARATIVE ANALYSIS OF THE LEGAL STRUCTURES OF INDONESIA AND THAILAND Aulia, Rizki; Koto, Ismail
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.v10i2.1299

Abstract

Halal product assurance regulations are an important issue in the development of the global halal industry, especially for countries seeking to strengthen consumer protection while increasing the competitiveness of their products in the international market. This study aims to analyze the dynamics of halal certification regulations in Indonesia and compare them with the halal certification system in Thailand. The research method used is normative legal research with a legislative and comparative approach. Research data was obtained through a literature study of relevant legislation, scientific literature, and policy documents, then analyzed qualitatively using a descriptive-analytical method. The results show that Indonesia implements a compliance-oriented halal regulation model through Law Number 33 of 2014 concerning Halal Product Guarantee, which is reinforced by Law Number 11 of 2020 concerning Job Creation and Law Number 6 of 2023. This regulation changed the halal certification system from voluntary certification to mandatory certification, involving BPJPH as the state administrative authority, MUI as the halal fatwa issuer, and the Halal Inspection Agency as the technical audit institution. In contrast, Thailand implements a more flexible and market-oriented model, where halal certification is legally voluntary but in practice becomes de facto mandatory due to export market demands. Thailand's halal system is managed by the Central Islamic Council of Thailand (CICOT) and reinforced through the integration of scientific approaches such as the concept of Halal Science and the Halal-Q system, which combines halal standards with international food safety standards. This difference in regulatory paradigms shows that Indonesia emphasizes legal certainty through state regulation. At the same time, Thailand places more emphasis on market competitiveness and the integration of halal standards with global quality systems.
INDONESIA–THAILAND EXTRADITION COOPERATION: ANALYSIS OF THE 1976 TREATY OF EXTRADITION IN THE ENFORCEMENT OF HUMAN TRAFFICKING LAWS Arwami, Fitri; Astuti, Mirsa
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.v10i2.1300

Abstract

Human trafficking is a form of transnational organized crime that requires effective international cooperation in law enforcement. One such cooperation mechanism is extradition, as stipulated in the 1976 Extradition Agreement between Indonesia and Thailand, which was ratified through Law No. 2 of 1978. This study aims to analyze the implementation of the extradition treaty between Indonesia and Thailand in handling human trafficking crimes and to identify the obstacles that affect its effectiveness. The research method used is normative legal research with a legislative and conceptual approach. The research data were obtained through a literature study of legislation, legal literature, and relevant research results, then analyzed qualitatively using a descriptive-analytical method. The results of the research show that the implementation of extradition between Indonesia and Thailand still faces various obstacles, including differences in legal systems, administrative constraints, the application of the principle of non-extradition to its own citizens, and differences in human rights protection standards, including those related to the possibility of applying the death penalty. In the context of international law, the refusal of extradition does not eliminate the obligation of the state to prosecute perpetrators based on the Aut Dedere Aut Judicare principle as stipulated in the Palermo Convention. Therefore, it is necessary to strengthen bilateral and regional cooperation, including the optimization of Mutual Legal Assistance and the utilization of ASEAN cooperation mechanisms to increase the effectiveness of combating human trafficking.
LEGAL POLICY ON PREVENTING ENVIRONMENTAL DAMAGE TO PEATLANDS IN THE CONTEXT OF ACHIEVING SUSTAINABLE DEVELOPMENT Asse, Ambok; Sunardi, Sunardi; Isnaeni, Diyan
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.v11i1.1294

Abstract

Peatland management has become a crucial issue, and it is necessary to examine the complexity of peatland issues through research that prioritizes environmental protection. The research method used in this study is normative research (doctrinal legal research). The data collection technique used is a literature study. The data obtained was analysed qualitatively and normatively. The findings indicate that there are numerous regulations governing peatlands, ranging from the most general to the most specific. However, the implementation of these regulations remains uneven, as evidenced by the continuing damage to the peatland environment. There is a need for firm legal action, both in terms of normative and administrative regulations. The political configuration of law in preventing environmental damage to peatlands can be realised through sustainable development. Nevertheless, a democratic political configuration of law is needed, imposing restrictions on government actions to protect individuals and groups, with the aim of safeguarding indigenous peoples or communities that already have systems and regulations in place for their environment. The direction of legal policy in efforts to prevent environmental damage to peat ecosystems can be through explicit regulations, providing certainty to indigenous peoples through the Indigenous Peoples Act, agrarian reform, and stopping the seizure of peatlands in the name of whatever it may be.

Page 19 of 19 | Total Record : 189

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