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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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ANALISIS DIKABULKANNYA PERMOHONAN PENINJAUAN KEMBALI SETELAH PELAKSANAAN PUTUSAN SENGKETA GADAI TANAH ULAYAT Aulia Ade Putra
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The settlement of agricultural land plot disputes over communal ulayat often culminates in the settlement in the realm of the Court. The judge's ruling is based on Law Number 56 Prp of 1960 and there are decisions based on Minangkabau Traditional Law. The problem was how the consideration of the panel of judges on the settlement of agricultural land disputes over ulayat of the people in the decision of Review of number 394 PK/PD/2011 and How the position of the land buyer in the settlement of agricultural land disputes disputes over ulayat people after the release of judgment review number 394 PK/PDT/2011. The method used to solve the problem was normative juridical, meaning that by using the approach of legislation and relevant theory will illustrate the legal certainty relating to the problems that have been formulated. The result of the research which was derived from the problem formulation was obtained the result, the settlement of agricultural land disputes over the ulayat of the people in the court should be based on the National Legislation and the Minangkabau Adat Law provisions, the two legal bases are contradicted and in the decision of Review Number 394 PK/PDT/2011, the Panel of Judges of Judicial Review did not base the judgment of the Review on the National Law and Minangkabau Customary Law and the possession of the object was submitted to the purchaser of the object of such pledge. The judge's opinion on this Review was false, unfounded and not fair because it was inconsistent with the National Law and Minangkabau Law.

PERLINDUNGAN MEREK TERKENAL CHRISTIAN DIOR DITINJAU DARI KONSEP DILUSI MEREK Nadya Valerie; Edbert Seligshan Horman
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The practical purpose of writing this journal was to find out whether the famous Christian Dior brand has legal protection when viewed from the concept of brand dilution. The research method used was normative juridical. Brand dilution is different from general brand violations. Brand dilution occured when well-known brands are used in goods of different types. The dilution of the brand does not require proof of the possibility of confusion to the consumer. The use of the famous Christian Dior brand by third parties can cause a reduction in the strength of the distinctiveness or uniqueness of the Christian Dior brand. The concept of brand dilution was actually implied in article 21 paragraph (1) letter c of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, but has not been specifically regulated. This resulted in a legal vacuum in resolving disputes over famous brands that occurred in Indonesia.

PENANGGULANGAN PELANGGARAN LALU LINTAS OLEH SATUAN LALU LINTAS POLRES BUKITINGGI TERHADAP PELAJAR Anny Yuserlina
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The use of motorbike vehicles in the city of Bukittinggi is currently very rapid, but not accompanied by an increase will be aware and safe driving, especially for students at the high school/vocational/equivalent level, many who do not meet the safety standards in driving as stipulated in legislation. Bukittinggi is one city that also has a lot of both public and private schools, this also causes the violations committed by the instructor, including not having a SIM (Driving License), not wearing a helmet and changing vehicle standards. The purpose of this paper is to find out and analyze the response to traffic violations committed by students by the Bukittinggi Police Traffic Unit. The problem in this study is how to overcome traffic violations committed by students by the Bukittinggi Police Traffic Unit. To make this system more systematic, the writer uses an empirical juridical approach. The results of this study indicate that in overcoming traffic violations committed by students, the Bukittinggi police traffic unit conducts preventive and respite prevention. The factors that become obstacles in overcoming traffic violations committed by students are: The problem of legal awareness and traffic legal compliance among students is still lacking. Therefore it is necessary to look at the form of response so that it can overcome traffic violations.

PEMIDANAAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA STUDI KASUS PERKARA PIDANA NO. 07/PID-SUS-ANAK/2017/PN.PDG Dewi Elvi Susanti
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

This study illustrates the basis and consideration of public prosecutors and judges in convicting children as perpetrators of crimes in a letter of claim and decision. There were two issues that would be examined, namely: a) What is the basis and consideration of the Public Prosecutor to file a complaint against the Child as a criminal in a case Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, b) What is the basis and consideration of the Judge in making a decision on the Child as a criminal offender in the decision Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, To discuss this problem a normative juridical method is used. From the results of the research obtained answers, a) the basis of the public prosecutor to file a claim against a child is Law Number 3 of 1997 concerning the Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Justice System, and several Circular of the Indonesian Attorney General, while prosecutor's consideration General filed a claim in court No. 07/Pid.Sus-Anak/2017/Pn.Pdg was the fulfillment of the elements of the article being charged, things that incriminate and alleviate children's actions, the condition of parents of children, recommendations of correctional facilities (Bapas), paying attention to the interests of the community, victims and perpetrator; b) the basis of the judge in making a decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg was Law Number 11 of 2012 concerning the Criminal Justice System of Children and was Law Number 3 of 1997 concerning Juvenile Courts. There were 2 (two) considerations the judge handed down the decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg are juridical considerations and non-juridical considerations.

PELAKSANAAN PERJANJIAN ANTARA PDAM KOTA PAYAKUMBUH DENGAN PAMSIMAS KOTA PAYAKUMBUH Darda Pasmatuti
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Water is a very basic need for humans, so in accordance with article 33 paragraph (3) of the 1945 Constitution, natural resources in the form of water must be managed and utilized as well as possible, the formulation of the problem was: with PAMSIMAS Payakumbuh City, What are the obstacles in implementing the agreement and what are the efforts to overcome the obstacles in implementing the agreement between the PDAM and PAMSIMAS ?, The research method was empirical juridical. The results showed that the implementation of the Agreement between Payakumbuh City PDAM and Payakumbuh City PAMSIMAS was implemented based on the Agreement that had been agreed upon by the two parties. The constraints in implementing the agreement were as follows: There was a delay in payment by the PAMSIMAS to the PDAM. Efforts made to overcome the obstacles in the implementation of the agreement between the PDAM and PAMSIMAS are by way of the two parties agreeing to settle by deliberating and consensus. In the event of a delay in payments by PAMSIMAS, the PDAM gives sanctions in the form of fines. The author's advice was: To implement the Agreement between Payakumbuh Municipal PDAM and Payakumbuh City PAMSIMAS as well as possible, pay water bill bills on time, so that PDAM Kota Payakumbuh's efforts in facing existing constraints, the implementation needs to be increased so that a balanced relationship is created with the Payakumbuh Municipal PDAM.

PERMASALAHAN PENUNTUTAN TERHADAP PELAKU PENYALAH GUNA NARKOTIKA DI WILAYAH HUKUM KEJAKSAAN NEGERI PADANG Rikhi Benindo Maghaz
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

In the case handling of narcotics abuse, the public prosecutor at the Padang District Attorney’s Office only proceed articles that had been suspected by the investigator, without proving accurately the status of the narcotics abuser. This research is aiming to understand the handling of narcotics abuse and its issues during the prosecution process at the Padang District Attorney’s Office. This research is using empirical normative research methodology. Based on the research, the public prosecutor at the Padang District Attorney’s Office did not precisely investigate and probe material evidence related to the status of the perpetrators of narcotics abuse. As a result, in indictment letter, the case of narcotics abuses always being overlaid with the harsher indictment articles, namely Article 111, 112, or 114 of Law Number 35 of 2009, which detention be applicable to the perpetrators. Supposing only a single indictment of article 127 is applied, the perpetrator of the narcotics abuse shall not be detained as stipulated in Article 21 paragraph (4) of KUHAP. This condition is clearly detrimental to the narcotics abuser, especially those people in addiction or victims of narcotics abuse, where they should be placed at the Rehabilitation Institute. Due to the absence of public prosecutor's meticulous attempt in probing material evidence related to the status of the perpetrators of narcotics abuse, it may cause false sentence declared by the judge.

SPEECH COMPOSING MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Jessica Djaja Putra; Mariska Budialim; Djunita Djunita; Michelle Yaputri Budiman
JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Speech Composing is a creation that has not been clearly regulated in Law Number 28 Year 2014 on Copyright. This opens up the possibility of copyright infringement from making Speech Composing. Copyright is an exclusive right of the creator granted by the State automatically after a creation is manifested in its tangible form. This exclusive right consists of the eternal inherent moral rights of the creator and the economic right of creation. Often people think just by putting the name of the creator in his work can prevent him from copyright infringement. Whereas the element of permission is an absolute thing if there are other parties who want to utilize the economic rights of the creator under Article 9 paragraph 2 of Law No. 28 of 2014 on Copyright. In this regard, X is the person who composed a song in Speech Composing using pieces of speech in AW's speech and uploaded to YouTube with no rights and without permission from AW. X infringes AW's copyright under Article 43 Sub-Article d of Law No. 28 of 2014 on Copyright.

PERAN MAJELIS ADAT ACEH DALAM PENYELESAIAN SENGKETA WARIS TERHADAP TANAH DI KECAMATAN TEMPUK TENGOH KOTA LHOKSEUMAWE Ucha Hadi Putri
JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

There are three inheritance legal systems in Indonesia, namely, Islamic inheritance legal system, Customary inheritance legal system and Civil inheritance legal system. The people of Aceh adhere to a parental kinship system, meaning the inheritance system in giving the position of sons and daughters, that is, equally have the opportunity to become heirs. Based on Law Number 40 of 1999 Concerning Aceh's Privileges in Article 3 paragraph 2, it is agreed that Aceh is a Special Region in the fields of adat, religion, and education. The government provides space for local communities to restore existing adat in the community, one of which is to approve the inheritance dispute that was approved by the Majelis Adat Aceh. The author is interested in conducting research on the role of the Majelis Adat Aceh in resolving inheritance disputes over land in the teungoh sub-district of Lhokseumawe, the author uses empirical juridical methods in the field at the research site with the source of the law or debate requested requested. The role of the Majelis Adat Aceh in completing the legalization has not been completed properly, from the administrative system also the application of the decision of the Majelis Adat Aceh.

PEMBUATAN AKTA PEMBAGIAN HAK BERSAMA DALAM PERALIHAN TANAH KARENA PEWARISAN DI KOTA BUKITTINGGI Beatrix Benni; Kurniawarman Kurniawarman; Anisa Rahman
JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The analysis of Article 51 PP 24/1997 explains the registration of the transfer of rights as yet there is no inheritance distribution, so that the inheritance is still in joint ownership, when the right holders agree to share their rights into the rights of each right holder then inheritance based on a joint rights deed made by PPAT. Article 111 paragraph (4) and paragraph 5 PMNA / KBN 3/1997 explain that at the time of registration of the transfer of rights if the heirs agree to give rights to inherited land to one person, it can be proven by deed of deed in the form of deed Notary or in the form deed under the hand. Implementation in Bukittinggi, registration of the transfer of rights cannot use the deed of distribution of inheritance which is carried out in conjunction with the process of inheritance but must be based on the deed of distribution of joint rights made by PPAT. The research issue raised in this article is to find out how the drafting of sharing of joint rights in the transfer of land due to inheritance? how is the distribution of inheritance to land as a joint asset in the family? The approach used by researchers is an Empirical Juridical approach. The results showed that the sharing of shared rights was made with a joint deed of rights distribution by PPAT with due observance to the provisions of Article 51 of Government Regulation Number 24 of 1997. Distribution of inheritance to land as shared assets in the family in the city of Bukittinggi was based on an agreement between the heirs to give up their rights - however, as to who the heirs are entitled to, the land is based on the Civil Code applicable to the testator.

PROBLEMATIKA PELAKSANAAN ABORSI BAGI KORBAN PERKOSAAN DALAM UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Yenny Fitri Z
JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Rape is a frightening crime for women because the impact of rape is not only felt when the crime is committed, but also affects the future. One of them is an unwanted pregnancy. For rape victims, the choice of continuing an unwanted pregnancy or having an abortion is an equally difficult choice. Basically, abortion is clearly a prohibited act, both legally, morally, ethically, decently, and religiously. Although prohibited, abortion cases in Indonesia actually show an increase every year. In response to the problem of abortion for victims of rape, the government has given birth to Law Number 36 of 2009 concerning Health. However, since the legal umbrella was born, it has been minimal and in fact there have been almost no rape victims who have used this safe abortion practice as a way to abort their unwanted abortion. This happens because of problems in the field of practice, it is not as easy as the description of the theory set forth in the legislation. While almost every day rape victims continue to fall in all parts of Indonesia. To answer this problem, the author conducts research using normative juridical methods. Thus it is expected to be able to find problems or problems in the implementation of abortion for victims of rape based on Law Number 36 of 2009 concerning Health. The research shows that there are three problems in Law Number 36 Year 2009 regarding Health which makes it difficult for rape victims to obtain safe and legal abortion services. These problems include the maximum obstetrical age of 40 days for abortion for rape victims to be considered too short, the Ministry of Health has never prepared training requirements for medical personnel and counseling training for abortion for rape victims, then health services that meet the conditions set by the Minister is still very limited and cannot be easily accessed in any part of Indonesia. Therefore, the problematic implementation of legal and safe abortion for rape victims found in the Health Act must be immediately corrected, so that rape victims do not return to become victims due to the implementation of unsafe illegal abortion practices.

Page 5 of 18 | Total Record : 175

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