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JURNAL CENDEKIA HUKUM

cendekeahukum
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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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TINJAUAN HUKUM DOKTER YANG BERKOLUSI DENGAN PERUSAHAAN FARMASI DALAM MERESEPKAN OBAT Yenny Fitri Z
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

At the end of 2015, the Tempo Magazine investigation team released a gratification case conducted by the pharmaceutical company Interbat against 2,125 doctors. The gratuities are suspected to be one of the reasons that influence doctors in prescribing drugs to patients. Funds used by pharmaceutical companies to serve doctors can reach 45 percent of drug prices. Therefore, patients must redeem the drug at a more expensive price. Moving from the results of these investigations, the authors are interested to examine criminal rules that can ensnare doctors who receive the gift from pharmaceutical companies. So far, the rule of law governing the prohibition of doctors receiving gifts from Pharmaceutical Companies has not had a deterrent effect. The existing arrangements are in the realm of ethics and administration. As a result, the cooperation of doctors and pharmaceutical companies in prescribing the drug continues and affects the patient's harm. Because in the practice of the physician profession is divided into two, namely private doctors and civil servants, then the formulation of the issues to be discussed in this paper is, First, how the imposition of legal sanctions for private doctors who receive the gift from Pharmaceutical Company Second, how the imposition of legal sanctions for civil servant doctors who receive the gift from Pharmaceutical Company To answer the problem, the author uses normative juridical research method. The results of his research are private doctors who receive the gift from pharmaceutical companies may be subject to Article 3 of Law Number 11 Year 1980 on the Crime of Bribery. As for doctors who have the status of Civil Servants subject to Article 12B of Law Number 31 Year 1999 junto Law Number 20 Year 2001 About Corruption Eradication (Anti-Corruption Law). As a suggestion at the end of the writing, the author wants that the formulation of Article 12B of the Anti-Corruption Law be expanded so that it is not limited to civil servants or state officials only. However, pending the improvement of the formulation of Article 12B, the authors recommend that law enforcement still play an active role by using Article 3 of the Anti-Bribery Law to ensnare doctors who receive the gift from ph armaceutical companies.

ANALISIS YURIDIS TERHADAP AKIBAT HUKUM PUTUSAN PERNYATAAN PAILIT BAGI DEBITOR TERHADAP KREDITOR PEMEGANG HAK TANGGUNGAN Umul Khair
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The research and discussion of the problems as outlined in this scientific work is done with the aim of knowing which legal provisions apply to the creditors holding the Mortgage Rights in the case of the decree of declaration of bankruptcy, considering there are two different legal provisions, namely Bankruptcy Law Number 37 of 2004 and Insurance Rights Act No. 4 of 1996. This research is a Yuridi Normative research. Data obtained through literature research. The purpose of library research is to obtain secondary data. Primary data obtained through library research, then the data were analyzed qualitatively. From the result of the research, it is known that the Commercial Court judge in determining the decision of bankruptcy statement based its decision on the provisions of Law No. 34 of 2004, and the judges use legal principle of lex posteriori derogate legi priori to determine which legal provisions should be applied. Thus, both the bankrupt debtor and the creditor are subject to the provisions of bankruptcy, so that the holder of the mortg who has the position of the preferred creditor can only exercise his / her right of execution of the burden of the mortgage for a period of two months after a ninety-day suspension period since the bankruptcy decision was pronounced.

USAHA-USAHA MEMASYARAKATKAN HUKUM DI DALAM MASYARAKAT ARPAN ZAMAN
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

This research was discussed about the way to socialize law in the society such as law education and how to maintain the law in the right place such as law education, law knowledge, society understanding about law, law structure, law culture and law substance. Besides, this research aims at knowing about the obstruction in socializing. This research was a library research by describing the problems with the relevant theories. The result of this research shows that in socializing the law in the society, it needs a lot of things to be done such as, willingness, education, supports from the environment, custom and culture, and awareness to obey toward the law in the society sincerely without any force. Furthermore, counseling, socialization and seminar are the way to make it easy in socializing the law in the society. Whereas, the obstruction in socializing the law are dominated by the level of education and knowledge had by the society, custom and culture in that place that is grew and developed, law structure, apparatus and law substance.

PERANAN SIDIK JARI DALAM PROSES PENYIDIKAN UNTUK MENENTUKAN PELAKU TINDAK PIDANA Anny Yuserlina
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Taking the latent fingerprints is present on the objects at the scene of the case, after which the object is held or tramped can be done in two ways, namely through puder and chemical process. Besides, fingerprint can also be done at the Investigation Office against suspects and people who want to take care of the letters, such as SKKB. In this case fingerprint is performed on a rolled impression and plain impression columns and columns for information along with the identity of the person whose fingerprints are taken. In the case of the perpetrator or suspect of a crime not yet caught, the fingerprint is one of the objective physical proofs in recognizing the return and identification of its behavior by comparing fingerprints between suspected persons or fingerprints that have been stored in police files with latent fingerprints found from crime scenes (TKP). it uses the empirical yuidist method which is empirical juridical itself according to Fred N Kerlner: as the questions tried to find the answer. It can be concluded that the authors want to approach the role of fingerprints in the investigation process tub from juridical aspect (legislation) maupundalam aspect p the implementation of the community (police). So in conclusion the latent fingerprint is found on the objects at the scene of the case, after the object is held or tramped can be done in two ways, namely through puder and chemical process. Besides, fingerprint can also be done at the Investigation Office against suspects and people who want to take care of the letters, such as SKKB. In this case fingerprint is performed on a rolled impression and a plain impression and a column for information along with the identity of the person fingerprints are taken.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP KELALAIAN PENGEMBANG DALAM PRA KEPEMILIKAN RUMAH SANGAT SEDERHANA DI KOTA PAYAKUMBUH Faisal Buchari
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Home is one of the basic human needs for shelter. For that the construction of houses and settlements continue to be increased at affordable prices, especially by the low-income community. Consumers have paid a down payment and have made the addition of home building, but after more than 9 (nine) years running signing the credit agreement agreement with the bank that will provide mortgage facilities has not been realized. So the opportunity for consumers to have a home to be delayed can even be closed at all. This research was an analytical descriptive that describes the overall symptoms and legal aspects of consumer protection in the pre sale house purchase agreement is very simple. The data obtained in the analysis and interpreted logically and systematically by using a qualitative juridical approach. The results of field research indicated that there is no consumer protection in the pre-sale agreement to buy a very simple house on Bumi Ngalau Indah housing consumers. Where the consumers who have paid the advance position in the eyes of the same law with consumers who have made a perfect sale and purchase agreement. Based on the results of this study it is advisable that receipts as receipts for advance payment in the prerecord of sale and purchase of houses are very simple to mention about what rights and obligations between consumers and developers, or the addition of other clauses so that consumers are not always on the weak side.

PERLINDUNGAN HUKUM TERHADAP TANAH ULAYAT YANG TELAH BERSERTIFIKAT DI KOTA BUKITTINGGI Nova Yarsina
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Registration of land which its perpetrators by Law Number 5 Year 1960 assigned to the Government is a means of providing legal certainty in the field of land and for the implementation of the orderliness of land administration PP Number 24 of 1997, then every plot of land and apartment units must be registered. In view of the provisions of Articles 1 and 2PP of the customary rights and similar rights of customary law communities, to the extent they are in fact still exist, should be like that in accordance with national and state interests, based on national unity and may be contrary to other laws and other regulations. This research was field research that is field research with interview technique to related parties that directly related to problem which writer discuss. This research was included in the type of qualitative research. Based on the research that has been done the authors can conclude that the absence of legal protection of Ulayat land that has been certified Ulayat land is not a right that can be registered, there is only recognition, so it is not a right that can be registered. Toward the land which has been registered has disappeared its owner meaning, where the land has changed into a common property (mede aigendom), as if they have a common right, the position of men and women about the right of inheritance of the same high haritage and parallel.

KETERBUKAAN INFORMASI PUBLIK UNTUK MENDUKUNG KINERJA ASN YANG BERKARAKTER DAN PROPORSIONAL Laurensius Arliman S
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

State civil service (ASN) resource management is an important part of state governance that aims to assist and support all human resources of state civil apparatus to realize their full potential as civil servants and citizens. One is the openness of public information described in the UU ASN and the Law on Public Information Disclosure (UU KIP). The implications of the application of the KIP Law to the public or the public are the opening of access for the public to obtain information related to the public interest. First, Information that must be provided and announced and Required Information Announced necessarily (easy to reach and easy to understand). Establishing characterized and proportional ASNs are various ways, namely: 1) State Civil Service Committee (KASN); 2) Utilizing information communication technology (ICT), which provides public information disclosure data to the public through the website; 3) Implementation of UU KIP; 4) need to be socialized both to public bodies and communities; 5) Public bodies are given space to establish, build, and develop institutional PPIDs in accordance with the characteristics of institutions of their respective public bodies; 6) The government should be able to optimize socialization and encourage public participation to be able to carry out information disclosure, as mandated by UU KIP. With these means are expected to realize the character of ASN and proportional that also amandat of UU KIP.

TINJAUAN HUKUM ISLAM TERHADAP TRADISI PENYALURAN ZAKAT PADI R Fauzi
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Batuhampar village community's habit of making direct alms payments made by the muzaki. They do not want to give their alms to receiver to be distributed, they are more inclined to directly plant alms to the people they want. In addition, the tradition that exists in the village Batuhampar community is that they do not directly pay alms on their rice yields. They will pay alms after only a few days or even more. They also do not pay alms with rice but have been replaced by money, no one is concerned if full charity directly with rice. Furthermore, in calculating the nisab and payment of rice alms, the community does not incur agricultural operational costs. They argue that the calculation of calculation and alms payment is not a valid expense incurred costs and debts earlier. This research is a field research that is research with interview techniques to the parties directly related to the problems that the author discussed. The type of this research is qualitative research. Based on the research that has been done then the authors can get conclusions from the tradition of zalcat distribution of rice harvest conducted by Batuhampar village society is legal according to Islamic law. The reason is that the various traditions that have developed in the village Batuhampar community in distributing alms of rice crops are a tradition that is equally absent and not prohibited by Islam. In addition, the tradition of distribution of rice harvest is a tradition that has been perfected both by society and no errors in the implementation.

PEMBERANTASAN PERDAGANGAN ORANG MELALUI INSTRUMEN HUKUM NASIONAL DAN HUKUM INTERNASIONAL DI INDONESIA Deypend Tommy Sibuea
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Human trafficking is a modern form of slavery, occurring both nationally and internationally. With the development of information technology, communication and transformation then the mode of human trade increasingly sophisticated. Human trafficking becomes one of the five greatest crimes in the world to be overcome because of the effects not only on the economic, but also on the political, cultural and humanitarian aspects. It is therefore necessary to review the forms of human trafficking, its causal factors and legal instruments that can be used to combat trafficking. Answering these problems then this research is done by normative legal research methods. The results of research show that the forms of people's engagement include sexual exploitation, force labor, domestic slavery, illegal adoption of illegitimate children, debt bondage, mail order brides, and human organs trade. The results also show that poverty, population movement, discrimination and patriarchal culture are the factors causing human trafficking. Give the dangerous nature of trafficking in persons, the state or government of Indonesia should be responsible for preventing and overcoming human trafficking with existing legal instruments.

PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY PADA PT. PERKEBUNAN NUSANTARA VI (PERSERO) UNIT USAHA DANAU KEMBAR Yulia Risa
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

As the act number 40, 2007, about limited Company which have been released as a subtitution of the Act Number 1, 1995, there are many criticals and resistance from businnessman based on article 74 about corpotate social responsibility and environment.the researcher uses emptical study of law approach. The sampling tecnique is non propbability sampling in the from of purpusive sampling tecnique. PT. Perkebunan Nusantra that represents state owned corportions (BUMN). The purpose of this study is to know the regulation and implementation of CSR in accordance with the mandate of law and corporation. Based on the research result, it can be concluded that the substance of Law Number 19, 2003 concerning State Owned Enterprises and Law Number 40, 2007 concerning the Company Limited has accommodated the principles of CSR implicitly in certain articles as the embodiment of Article 33 paragraph (3) and (4) of the 1945 Constitution. Law No. 18, 2004 on Plantation not a single article that regulates CSR but in the articles certain have referred to the concept of triple bottom line. With the normalization of these CSR principles, the nature of responsibility from voluntary transforms into mandatory in the form of moral obligations as well as juridical obligations.

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