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[PENERAPAN SANKSI HUKUM BAGI PARA ADVOKAT PELAKU TINDAK PIDANA SUAP DALAM SISTEM HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Hartono Hartono]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (318.689 KB)
|
DOI: 10.33760/jch.v5i1.181
<![CDATA[Current bribery is very much happening in various regions of Indonesia and this can be seen from the increasingly widespread acts of abuse and abuse of the authority of law enforcement officers and can not be separated from the various things that make the occurrence of various bribery and wrong actions the other is done by Advocates who are part of one of the law enforcement officers in Indonesia, Advocates should be an example for the community and other law enforcement officials to obey and enforce the law. This research was conducted using normative juridical and statute approach, conducting studies on applicable laws and regulations and other regulations relating to the subject matter discussed in this research. The results of this study indicate that the application of sanctions to Advocates as perpetrators of bribery is subject to criminal penalties as stipulated in (Criminal Law, bribery law andthe law to eradicate corruption) and also the application of sanctions for Advocates' Code of Ethics.]]>
<![CDATA[PENGATURAN PENYERAHAN PROTOKOL NOTARIS YANG TELAH MENINGGAL DUNIA DAN PRAKTEKNYA DI PROVINSI SUMATERA BARAT ]]>
<![CDATA[Yofi Permana Rahman]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (288.812 KB)
|
DOI: 10.33760/jch.v5i1.120
<![CDATA[The Notary Protocol is a collection of documents that is a state archive that must be stored and maintained by a Notary. Regarding the Notary protocol and its submission are regulated in article 63 UUJN and UUJN. If the Notary dies, the Notary protocol shall be submitted by the heir to the MPD or other Notary Public. The purpose of this writing is to analyze the provisions of the Law on the Submission of Notary Protocols who have died, their practices and the responsibilities of the heirs to the Notary Protocol and legal actions taken by the MPD for the Notary Protocol that have not been submitted. This research uses an empirical juridical approach method. Article 63 UUJN and UUJNP have been explained regarding the surrender of the notary protocol that has died, but in practice there is a discrepancy with the applicable regulations, this is due to the lack of education and socialization from the Notary himself to the heirs or his family. If the Notary Protocol is not immediately submitted to the Notary Recipient of the protocol, then the MPD as a Notary supervisory agency is authorized to take the notary protocol that has not been submitted and give it to the Notary recipient of the Notary protocol. In carrying out his position as the notary recipient of the protocol, of course there must be a legal basis in the form of a Decree from the Minister of Law and Human Rights regarding the appointment of a Notary Public receiving the Notary Protocol, but in practice there are still notaries who have not yet received the Decree, this is due to the inadequacy of the decision of the MPD by the Minister of Justice and Human Rights.]]>
<![CDATA[PELAKSANAAN PENANGANAN PENYIDIKAN TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN TERHADAP ANAK DI POLSEK EMPAT ANGKAT CANDUNG ]]>
<![CDATA[R Fauzi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (263.095 KB)
|
DOI: 10.33760/jch.v5i1.207
<![CDATA[The purpose of this study was to find out and analyze the implementation of a criminal investigation of sexual intercourse and sexual abuse of children in the Fourth Admission Police Station. The method used in this research is empirical juridical research. The results showed that the research on the crime of intercourse and sexual abuse of children carried out by the investigating authority was in accordance with the provisions of the legislation. Investigation of this case is in accordance with the existing rules of receiving reports, confiscating evidence, arresting, detaining filing and sending files to the Public Prosecutor (P21). Factors inhibiting irregularities in the process of criminal acts of sexual intercourse and sexual abuse of children are: human resources from the investigator, victims are still children, the suspect does not argue, has nothing to do with seeing directly and does not want to come to provide assistance Information and bordering forensic doctors. The way out by investigators in the process of sexual intercourse and sexual abuse of children is to increase existing investigators and those requested by investigating members to the police station, allocate and request assistance to assist these sexual acts of sexual intercourse and coitus with the Social Service Bukittinggi, replace a lot of information and opinions will not come, then called back after it was visited at home to be able to provide information, the suspect did not confess then the investigator made a case at the location, processing evidence and multiply giving reports to provide information and help the doctor Forensics, the investigator is still waiting for the results of the post mortem.]]>
<![CDATA[PROBLEMATIKA PENDIRIAN BANGUNAN DIATAS AIR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG ]]>
<![CDATA[Reza Adrian Setyada]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (298.716 KB)
|
DOI: 10.33760/jch.v5i1.182
<![CDATA[The establishment of buildings on water is a phenomenon that can cause legal problems due to lack and unclear legal basis that govern the establishment of buildings on the water. This research aims to find out how the legal certainty regarding the establishment of the building on the water and how the form of legal protection is given to the owner of the building established on the water. The study was conducted with a normative juridical approach and was analyzed by a qualitatively descriptive method. Based on the results of the study, article 1 number 1 UU No. 28 year 2002 mention of the building can be established above and/or in water so that this article confirms that the building on the water is allowed. However, LAW No. 28 of 2002 only regulates the licensing and requirements of building on the land, so if it is associated with a building above the water will be a discrepancy that leads to problems related to the building on the water which is the legal certainty of the building established on water is not strong enough. Therefore, it is necessary that the government provide a legal protection to the owner of the building established on the water in order to guarantee the legal certainty. Such protection can be done by adding rules related to the requirements and licensing of the building established on the water tha t can guarantee the legal certainty and become the legal basis for the building established on the water.]]>
<![CDATA[PENINGKATAN HAK GUNA BANGUNAN RUMAH TINGGAL DIBEBANI HAK TANGGUNGAN MENJADI HAK MILIK DIATAS HAK PENGELOLAAN ]]>
<![CDATA[Aflinda Dewi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (253.8 KB)
|
DOI: 10.33760/jch.v5i1.121
<![CDATA[The time period given to Building Utilization Rights for houses and used as collateral for debts by the Debtor, will cause legal problems in the future, the debtor does not have legal certainty regarding his rights, and for Creditors it will be difficult to sell in the event of bad credit. Debtor based on PerMenAg / Ka. The Land Agency Number 5 of 1998, can apply for an increase in ownership rights without paying off the debt first. Requests for increased rights can be processed after the Debtor has received written approval from the Creditors. For the continuity of credit guarantee prior to HM Upgrade, SKMHT is made. This article is based on the implementation of the Increased Right to Use for Residential Buildings which are burdened with Underwriting rights to Ownership Rights at the Land Office of Padang City by using the Empirical Juridical Method, where the author conducts research directly into the Padang City land office. Conclusion of the implementation of increasing use rights of residential buildings which are burdened with mortgage rights at the Land Office based on the Minister of Religion / Head of BPB No. 5 of 1998, carried out according to the procedure, does not take a long time and costs a lot.]]>
<![CDATA[KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN ]]>
<![CDATA[Justitia Henryanto Ghazaly]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (350.96 KB)
|
DOI: 10.33760/jch.v5i1.183
<![CDATA[The legal consequences of the resident in particular the mixed marriage which the parties get impediment to perform legal acts primarily to have the right to land due to the occurrence of rounding of the property along with foreign nationals where the regulations Legislation on land in Indonesia adhering to the principles of nationalism. The parties in the mixed marriage must make an agreement to marry a treasure at the time or before the marriage is held as it is mentioned in article 29 of the Marriage Act (UUP). The issue arises for mixed marriage parties that do not yet have a mating agreement in which legal protection for Warga-negara Indonesia maintains Kewarga-negaraannya is very noted. In writing this author uses a research method of normative juridical approaches which are sourced from secondary legal substances by understanding the law as a regulatory device or a positive norm in the prevailing legislation. However, after the decision of the MK No. 69 The law of marriage had a change especially concerning the marriage agreement in which the marriage agreement could be made during the wedding, which also applies to third parties during the agreement to be registered/ According to the prevailing laws and regulations.]]>
<![CDATA[THE PROLIFERATION OF NUCLEAR WEAPONS IN NORTH KOREA: INTERNATIONAL LAW PERSPECTIVE ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Rima Ayu Andriana]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (6554.704 KB)
|
DOI: 10.33760/jch.v5i1.162
<![CDATA[The proliferation issue of nuclear weapons in North Korea is becoming a more serious problem to the international community. North Korea has been manufacturing and developing nuclear weapons technology, which receives many critics by the international community expressing that North Korea is being non-compliance with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) 1968. The criticism emerged following the North Korea withdrawal from the NPT 1968. Its withdrawal reasoning seems very hard to be justified after series of non-compliance behavior conducted by North Korea and the legitimacy of its withdrawal is being debated. By using normative legal research, the research aims to determine the status of North Korea upon its withdrawal from the NPT 1968 based on the withdrawal procedure that is required in the Article X of the NPT 1968. The result shows that North Korea is still a member and it is bound by the obligations contained in the Treaty and to make progress on a complete nuclear disarmament regime.]]>
<![CDATA[PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERUNDANG-UNDANGAN UNTUK MEWUJUDKAN INDONESIA SEJAHTERA DALAM PANDANGAN TEORI NEGARA KESEJAHTERAAN ]]>
<![CDATA[Darmini Roza]]>;
<![CDATA[Gokma Toni Parlindungan S]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 1 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (355.611 KB)
|
DOI: 10.33760/jch.v5i1.185
<![CDATA[In the country of law, the law is one form of legal norms formulation in the life of the state. The existence of laws in a country has a strategic and important position, regardless of the conception of the law, hierarchy of legal norms, as well as from the function of law in general. People's welfare is one of the goals of the state. In the realization of the necessary mechanisms are reflected in the public policy that is made. This study aims to examine and examine the public participation in the formation of legislation to create the welfare state of Indonesia. The research of this scientific work, the type of normative legal research. The understanding of the welfare state can be applied in the formulation of legislation. Welfare is the dream of every society, and laws and regulations function as regulators and means of achievement. To realize the formation of responsive legislation in Indonesia, the formation of legislation in Indonesia must be subject to Article 5 and Article 6 of Law Number 12 Year 2011 on the Establishment of Legislation, And this is related to the formation of Legislation and adheres to the principles of the establishment of good legislation. So the welfare state can be realized.]]>
<![CDATA[PENERAPAN ASAS KEPENTINGAN MILITER DAN PEMBERHENTIAN DENGAN TIDAK HORMAT TERHADAP PRAJURIT YANG TERLIBAT TINDAK PIDANA NARKOTIKA PADA PENGADILAN MILITER I-03/PADANG ]]>
<![CDATA[Hendra Mulyadi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (257.965 KB)
|
DOI: 10.33760/jch.v4i2.102
<![CDATA[Former TNI Commander Gen. Gatot Nurmantio to clean up the Indonesian National Army Institution from the Narcotics influence has issued instructions and orders to his ranks, efforts to overcome the problem of narcotics are not separated from the Principles of Military Interest. The principle of military interests means that in carrying out state defense and security, military interests are prioritized more than the interests of groups and individuals. It means that in the judicial process, military interests are always balanced with legal interests, in enforcing the law, military interests must not be ignored. Law enforcers within the TNI in carrying out legal proceedings against narcotics abusers should not only see their legal interests, military interests but also must be seriously considered. Military Judges who will decide on Narcotics cases should not only see the problem from the law. The dismissal of soldiers who are perpetrators of narcotics abusers is very reasonable because from a medical point of view, someone who has consumed drugs is not ready to use, they will experience brain tissue damage, nerve cells and memory loss so that their physical condition is not prime anymore and will not be able to carry out basic tasks to the fullest. This writing aims at 1. To find out how the implementation / application of the principle of military interest in dismissal is disrespectful to the soldiers involved in narcotics crime 2. To find out how the judges' legal considerations apply the principle of military interest in dismissal with disrespect to the involved soldiers criminal narcotics, military court I-03 / Padang in practice has applied the principle of military interest in the consideration of penalties especially in narcotics criminal cases in its legal area both as a user and as a narcotics dealer, but has not been followed by orders to convicts to carry out medical rehabilitation.]]>
<![CDATA[PELAKSANAAN PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI SATUAN NARKOTIKA POLRES BUKITTINGGI ]]>
<![CDATA[Failin Alin]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (187.081 KB)
|
DOI: 10.33760/jch.v5i2.232
<![CDATA[Drugs, on one hand are materials used in the field of medicine, health service and the development of science that on the other hand can also affects a detrimental dependency if misused or used without control and supervision. After the enactment of Law Number 35 Year 2009 Concerning Narcotics, all actions that export, import, produce, plant, store, distribute and / or use narcotics and their sanctions are regulated therein which aims to tackle and eradicate these criminal acts. The use of narcotics without strict and thorough control and supervision is very detrimental and constitutes a huge danger to the lives of people, the community, the nation, and the State as well as Indonesia's national security. When seen in Bukittinggi Police Station from year to year the number of narcotics offenders increased and overall the case documents already complete (P21). The investigation of narcotics crime in Bukittinggi Police has been running according to the rules, which is based on the Criminal Procedural Law, however the implementation has not been effective because there are remain obstacles in the implementation of investigation.]]>
