JURNAL CENDEKIA HUKUM
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 .
Articles
175 Documents
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Muhammad Fachri Said]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i1.97
<![CDATA[This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.]]>
<![CDATA[PELAKSANAAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 UNTUK MENINGKATKAN KESEJAHTERAAN MASYARAKAT KECAMATAN RUMBAI PESISIR KOTA PEKANBARU ]]>
<![CDATA[Andrew Shandy Utama]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i1.53
<![CDATA[One of the goals of the state as mandated by the 1945 Constitution of the Republic of Indonesia is to improve the welfare of the people. Based on Article 74 Paragraph (1) of Law Number 40 of 2007, it is affirmed that companies that carry out their business activities in the field of natural resources and / or fields related to natural resources must carry out social and environmental responsibilities. How is the implementation of the corporate social and environmental responsibilities based on Law Number 40 of 2007 to improve the welfare of the community of Rumbai Pesisir Subdistrict of Pekanbaru City? The research method used in this research is socio-legal research. The results of this research that the corporate social and environmental responsibility programs on the community economy that have been carried out by PT Chevron Pacific Indonesia are called Local Business Development. The corporate social and environmental responsibility program for the community economy that has been carried out by PT Asia Forestama Raya, namely the creation of traditional markets managed by the community. The conclusion is that the government and the community can utilize the corporate social and environmental responsibility programs as an alternative source of business capital to improve the economy and welfare of the people in the Rumbai Pesisir Subdistrict of Pekanbaru City.]]>
<![CDATA[TINJAUAN YURIDIS MENGENAI BATASAN ANTARA PERBUATAN MALADMINISTRASI DENGAN TINDAK PIDANA KORUPSI ]]>
<![CDATA[Odie Faiz Guslan]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i1.38
<![CDATA[The aim of this resecearch is to determine about the limitations between the act of goverment officials (bestuurhandelingen) that inflict state financial loss qualified as a maladministration or a corruption offence. The research method used is Juridical Normative. The result of the study show that, not every act of goverment officials that inflict state financial loss qualified as a corruption offence. In determine of the limits between maladministration act and corruption offence, the government officials must avoid itself from acts of discretion that containing the nuances of criminal law such as: cheating (deceit), manipulation, mispresentation, concealment of facts, breach of trust, subterfuge, or illegal circumvention.]]>
<![CDATA[PERLINDUNGAN HUKUM BAYI MELALUI PEMBERIAN ASI EKSKLUSIF DALAM PRESPEKTIF UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN ]]>
<![CDATA[Edy Nurcahyo]]>;
<![CDATA[Siti Khuzaiyah]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i1.59
<![CDATA[The legal research aims to describe legal protection for exclusive breastfeeding for babies in the prespective of Law Number 36 of 2009 concerning Health. The research method is normative legal research. The main data source used is literature. The author uses the statutory approach because it adapts to the legal material being studied, then analyzed with qualitative analysis. The result of the study shows that legal protection for exclusive breastfeeding for infants has obtained public law protection. Indonesia has implemented the International Code of Marketing of Breastfeeding-Milk Substitutes through a national policy to support the exclusive breastfeeding program, namely by the prohibition of advertising of infant formula milk either through print or electronic media.]]>
<![CDATA[PELAKSANAAN BANTUAN HUKUM PADA PERKARA PIDANA OLEH PERHIMPUNAN BANTUAN HUKUM DAN HAK ASASI MANUSIA INDONESIA SUMATERA BARAT DI KOTA PADANG ]]>
<![CDATA[Febtrina Sari]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i1.46
<![CDATA[Indonesia is a nation based on the rule of law (State of Law) in accordance with Article 1 paragraph (3) of the 1945 Constitution of Indonesia (UUD 1945). State of Law rests on protection of human rights, non-discrimination, and equality before the law, which means that the state guarantees equality before the law by stipulating that everybody has a right to equal standing before the law and access to justice. Law No. 16 Year 2011 concerning Legal Aid (Legal Aid Law) is a manifestation of State of Law, which implementation is delegated to the Ministry of Law and Human Rights of the Republic of Indonesia (Regional Office of Law and Human Rights or ‘Kanwil Hukum dan HAM’) in cooperation with Legal Aid Organizations (‘OBH’). The legal aid concept is a provision of state funding for the poor in order to guarantee their access to justice. This article looks at the implementation of legal aid for the poor by PBHI Sumbar in criminal cases within the Jurisdiction of State Court Class 1A Padang using juridical-sociological research method. PBHI Sumbar provides legal aid for the poor based on the Legal Aid Law, but provides exceptions for certain cases, namely corruption, environmental crimes, human rights abuses, and morality or sex-related crimes. The exceptions are subjective and inconsistent that restricts access to legal aid. In general, PBHI Sumbar provides legal aid in common criminal cases in a well-implemented manner, but in special criminal cases, its role is below optimal.]]>
<![CDATA[PERANAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA PAYAKUMBUH TERHADAP SENGKETA KONSUMEN ]]>
<![CDATA[Nedi Rinaldi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
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DOI: 10.33760/jch.v4i2.138
<![CDATA[The Consumer Dispute Settlement Agency (BPSK) as a product of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in conjunction with Decree of the Minister of Industry and Trade Number: 350/MPP/Kep/12/2001 concerning Implementation of Duties and Authorities of abbreviated Consumer Dispute Resolution Bodies BPSK and the Minister of Trade Regulation Number: 06/M-DAG/PER/2/2017, are institutions for resolving consumer disputes outside the court that should be part of efforts to protect consumers (end) categorized as weak when disputing with stronger business actors . The reality to date, BPSK still has many weaknesses and shortcomings. This condition is exacerbated by the growing strength of neoliberalism that affects the global economic system, which is realized or not has occurred in the strong economic control of business actors against the weak (consumers). This research is field research, namely field research with interview techniques to the parties involved that are directly related to the problem the author discussed, namely Payakumbuh City BPSK and aims to examine the efforts that can be done to optimize BPSK as an institution of consumer dispute resolution in outside the court that is fast, useful and meets the value of justice for the consumer community. This paper is based on a study of prime data and secondary data analyzed qualitatively. Based on the results of the study, efforts can be made to optimize Payakumbuh City BPSK which was formed in 2015 based on the Decree of the Minister of Trade of the Republic of Indonesia Number: 646 /M-DAG/Kep/4/2015, dated April 8, 2015 which can help consumers who feel disadvantaged by business actors.]]>
<![CDATA[EKSISTENSI TANAH WAKAF DALAM PEMANFAATANNYA UNTUK KEMAJUAN KESEJAHTERAAN UMUM ]]>
<![CDATA[Salmawati Salmawati]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i2.106
<![CDATA[The research objective is to find out, analyze The existence of land endowments in its use for the advancement of general welfare. This study uses a normative legal research type (doctrinal) to analyze phenomena or (social) phenomena that occur in society that are related to the legal reality in society, namely various laws and regulations in the land endowments. The results showed that, (the existence of waqf land is perpetuating the benefits of waqf objects in accordance with the purpose of waqf, namely realizing the economic potential and benefits of waqf property for the sake of worship and to promote general welfare.]]>
<![CDATA[PERAN LEMBAGA CATATAN SIPIL TERHADAP PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG PERKAWINAN ]]>
<![CDATA[Laurensius Arliman S]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
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DOI: 10.33760/jch.v4i2.40
<![CDATA[The legal aspect of civil registration is to obtain as much legal certainty as possible about personal events. Civil registration institutions are government institutions, the state administrative agency in charge, serves to record all family events and has the right, the authority to issue provisions in the field of population and citizenship. As a result of recording and publishing the provision, it has a legal connection with one's civil status or individual law. With the enactment of Law 1 of 1974 concerning Marriage and PP 9 of 1975 as implementing regulations, the public needs for Civil Registry Institutions are increasingly important. Research on this scientific work was a type of normative legal research. Civil records had carried out the tasks carried out by the state well, namely by serving each party who will report the mixed marriages carried out by the parties as well as possible, which is a problem is the lack of public awareness of the importance of the reporting. The implementation of mixed marriages can be carried out if the parties have fulfilled all the requirements determined by the law as contained in Article 60 Paragraph (1) of Law 1 Year 1974. Whereas the Record Institution was only tasked to record the mixed marriage events. Every legal act carried out by any particular person has an impact or effect both for himself and for the other party. No exception in mixed marriages is the legal consequences that arise, both for mixed marriages and for children born from the mixed marriages.]]>
<![CDATA[UPAYA HUKUM DALAM PENYELESAIAN SENGKETA PERDAGANGAN EMAS BERJANGKA PADA PT. RIFAN FINANCINDO BERJANGKA PEKANBARU ]]>
<![CDATA[Andi Aswandi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i2.107
<![CDATA[Gold futures trading is very vulnerable to disputes. Therefore, understanding the efforts to resolve futures trade disputes is very important to know. This research was conducted empirically, the nature of descriptive analysis research with qualitative data analysis. Futures trading dispute at PT. Rifan Financindo Berjangka Pekanbaru is caused by customer misunderstanding about the process and legal aspects of futures trading. This was made worse by the lack of education conducted by futures brokers and the existence of unlawful acts committed by sales marketing and futures broker representatives. Gold futures trade dispute settlement can only be done by litigation in the South Jakarta District Court or non-litigation through the Commodity Futures Trading Arbitration Board. Constraints encountered in resolving disputes are; disproportionate choice of dispute resolution forums, lack of customer understanding of legal aspects in resolving disputes and violations of Standard Dispute Resolution Operational Procedures.]]>
<![CDATA[PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN WARALABA MAKANAN ]]>
<![CDATA[Zil Aidi]]>;
<![CDATA[Hasna Farida]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v4i2.119
<![CDATA[This research aimed to find out and analyze the legal protection of the parties in a food franchise agreement. Furthermore, this research also aimed to find out and analyze the efforts that could be taken by the parties in the event of default in the implementation of the Franchise Agreement. The research that made Sukoharjo Branch Bakso Tengkleng Mas Bambang Branch as a respondent was a juridical empirical qualitative research and analyzed the data collected using qualitative descriptive methods. The results of the research showed that the form of legal protection provided was in the form of preventive and repressive legal protection. Preventive legal protection could be seen in the clause contained in the Tengkleng Mas Bambang Meatball Franchise Agreement which contained the obligations of each party, namely in Articles 5 and 6 concerning the obligation to maintain confidentiality, maintain the brand, and comply with established procedures. Preventive legal protection was also stated in Article 1 number 9 and Article 11 of the Franchise Agreement regarding the prohibition to provide food and beverages other than Tengkleng Mas Bambang Meatballs and trade secrets. Repressive legal protection was seen through the provision of resolving disputes through consensus. If the meeting did not succeed in reaching an agreement then both parties could resolve the dispute through litigation. So far, any form of dispute that occured including defaults could still be resolved through deliberation without taking the path of litigation.]]>
