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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 175 Documents
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PENYELESAIAN SENGKETA ANTARA PEKERJA DAN PERUSAHAAN TENTANG HAK ATAS INFORMASI Izza Hasna Fuada
JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.201 KB) | DOI: 10.33760/jch.v5i2.225

Abstract

The Disputes between employees of PT. Pos Indonesia (Persero) and PT. Pos Indonesia (Persero) Regional II Padang were happened by the failure of workers in the selection to be Head of Subdivision Post Office, in particular with the medical test. The dispute unfortunately was also escalated by the request for information disclosure which is not granted by the committee. The study aims to  is address on the question on how to resolve disputes between workers and companies about the right to information on the final recruitment’s selection of employees in particular with PT. Pos Indonesia (Persero) Intake Program Diploma III (D-III) for head of subdivision in the post office. Aside of that, the author also would like to know whether the legal consequences of the central information commission’s decision number: 1356/KIP-PS-A-M/2014 in resolving disputes between workers and companies on the right to information. By using the empirical juridical methods, the result shows that the dispute between workers and PT. Pos Indonesia (Persero) companies Regional II Padang can be settled by the Central Information Commission on Mediation and public information is a right for public as also regulated in Law No. 14 of 2008 concerning Public Information Openness.
AKIBAT HUKUM PERJANJIAN JUAL BELI RUMAH MELALUI KREDIT PEMILIKAN RUMAH SECARA OVER CREDIT DI BAWAH TANGAN Mahfudzotin Nikmah; Hari Sutra Disemadi; Ani Purwanti
JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i1.254

Abstract

This research aims to examine the transfer of housing Mortgages (KPR) by transferring loans (over credit). This problem is caused by the lack of public knowledge about existing legal regulations related to buying and selling KPR by Over Credit. The research method used is a normative legal research method with a statutory approach and conceptual approach. The results of this research show that the process of over credit under the hand can be detrimental to third parties or substitute debtors. The loss was caused by the KPR organizer bank refusing to submit the KPR house certificate and the substitute debtor could not carry out the process of changing ownership of the land certificate for the KPR house he bought because the certificate was still registered in the name of the first party. Therefore, the settlement for the loss can be made by filing a lawsuit through the District Court with a verdict that has permanent legal force regarding the validity of the sale and purchase of mortgages under the hand and the third party is given the authority and power to use as appropriate.
COSTUMER PROTECTION AGAINST CIRCULATING OF PRODUCT WITHOUT INFROMATION ATTECMENT IN BAHASA INDONESIA Tomy Yoanes; Iriansyah Iriansyah; M. Yusuf Daeng
JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i2.321

Abstract

Based on Article 8 Paragraph (1) Letter j Law Number 8 of 1999 concerning on Consumer Protection, it states that business agents are prohibited to produce and / or trading goods and / or services for do not provide the information and / or instructions for using the goods in Indonesian. This research aims to explain of the legal protection of consumers for the distribution of food and beverage products that do not include  the information of the product in Bahasa in Bengkalis Regency based on the legislation of Indonesia Number 8 of 1999 about the regulation of Consumer Protection. The method used in this research is socio-legal research. The results of the research explains that the legal protection of consumers for the distribution of food and beverage products for do not include information in Bahasa in Bengkalis Regency has not been implemented verywell; because circulating of food and beverage products in Bengkalis Regency have distributed to local market places without providing product’s information in Bahasa. The legal consequences for consumers for the circulation of food and beverage products without providing product’s information in Bahasa can be detrimental for consumers because consumers can not find information about these food and beverage products as well as the contents and the ingridiances of the product , including whether or not such food and beverages are dangerous.
PERANAN PENGHULU TERHADAP HAK ULAYAT DI MINANGKABAU Eviandi Ibrahim
JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i1.296

Abstract

Sumatra in general and Banuhampu District in particular the existence of customary rights is decreasing day by day both in terms of quantity and quality. The reduced existence of customary rights is because the customary rights have been traded by the legal community, in the case that Minangkabau customary law prohibits the sale and purchase of customary rights, this is stated in the customary kato "Jua indak eaten by bali, pawning indak eaten sando" means that ulayat rights can not be traded and transferred ownership to parties outside the legal community fellowship. Based on the above, the authors are interested in conducting research with the following problems: How are customary rights in Banuhampu District? What is the role of the leader / Pangatuo of the tribe / clan or the head of the inheritance of the ulayat rights in Banuhampu? What is the solution taken to defend the existence of customary rights in Banuhampu District? This research is juridical-social, because the researcher will examine how the application of law, namely customary law, in the development of the existence of customary rights among the Banuhampu community. Based on the discussion that the author puts forward, the following conclusions can be drawn: Whereas Customary Land (Ulayat) Currently its existence in Banuhampum can still be maintained. Even though it's been much less. This can be proven that until now the Legal Alliance in the Customary Law Community, namely Nagari, Tribe, Kaum, are still alive and existent, and each Legal Alliance still has customary rights although both in terms of quantity and quality have decreased. Whereas Ninik mamak / Penghulu / Pangatuo Suku / Kaum is a person who plays a very big role in the midst of his community / association, because ninik mamak has the right and obligation to take care of his children and nephews along with their communal customary rights, and has the obligation to preserve their customary rights. Whereas the customary rights must be maintained, because the ulayat rights are the identity of the association and the ulayat rights are not property rights, therefore the ulayat rights are prohibited from being transferred or sold.
KAJIAN TERHADAP RENCANA PENGATURAN DISGORGEMENT DALAM PASAR MODAL INDONESIA Raysa Mayasonda; Lastuti Abubakar; Ema Rahmawati
JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i1.279

Abstract

Various kind of capital market violations show the characteristics of capital market violations that the loss is rarely realized by the investor. Currently, the regulation provides a way to resolve investor loss of capital market and the practice of resolving violations of the law in the capital market through the investor protection regulation is sometimes not satisfactory for the harmed investors. As a step to strengthen the law enforcement instruments, the Financial Services Authority (Otoritas Jasa Keuangan / OJK) issued a Draft Regulation (RPOJK) on OJK regarding Disgorgement and Disgorgement Fund to facilitate investor’s legal protection against losses internally by itself. The purpose is to analyze the disgorgement mechanism regulation plan through the study of RPOJK so that it can be applied as a new settlement in the capital market and suitable with existing ways. The research method uses a normative juridical approach that is through the existing study of the rule of law that apply primary, secondary and tertiary legal materials, also from existing electronic literature. Based on the result of the study, it is concluded the plan of the disgorgement mechanism regulation as a form of refund through administrative mechanism is different from civil compensation and it can be applied as one of the investor’s legal protections because the form of the order in disgorgement as a refund is considered effective, proportional and can be preventive.
THE ROLE OF “KERAPATAN ADAT NAGARI (KAN)” IN SOLVING THE DISPUTE OF COMMUNAL LAND Faisal Bukhari
JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i2.340

Abstract

According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land disputes in Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency. The method of the research is an empirical juridical approach. The conclusion of research is that the role of Kerapatan Adat Nagari (KAN) of Bukik Sikumpa of Lima Puluh Kota district is as the mediator any disputes where the provisions of Perda No. 7 of 2018 as the legal basis. This provision declares that every local villagers have to prioritie in conducting local wisdom deliberation as solving problem among the family, community, and tribal levels. Kerapatan Adat Nagari (KAN) acts as an intermediary in resolving disputes if these three domains of local deliberation have been taken by the disputing families. Due to local religious philosophy "Adat basandi syarak, syarak basandi Kitabullah", every customari chiefs whether they are members of the Kerapatan Adat Nagari (KAN) or who are not, should increase the sense of justice and be wiser for people's trust restoration.
TANGGUNG JAWAB NEGARA DALAM MASA PANDEMI COVID-19 Fradhana Putra Disantara
JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i1.262

Abstract

The Coronavirus Disease 2019 (COVID-19) pandemic encourages the government to take various strategic steps to accelerate the handling of COVID-19. One of the strategic policies undertaken by the government is the implementation of Large-Scale Social Restrictions in various cities or districts in Indonesia. However, this abnormal policy does not mean abandoning government responsibility for all lines of community life. This legal research is aimed at analyzing the state's responsibilities in the COVID-19 pandemic and also providing formulations related to future law (ius constituendum) on the state of emergency national law. This legal research uses the statute approach and conceptual approach. Primary and secondary legal materials used in this legal research are inventoried in order to obtain proper studies and provide critical study of the legal issues discussed. The results of the study stated that state responsibility during the COVID-19 pandemic had been legitimized by existing national and international legal provisions. The Large-Scale Social Restrictions Policy (PSBB) should not derogate the principle rights of the community. For this reason, the responsibility of the state must be optimized because the community has a central position in a country. Then, a new formulation is needed as an umbrella act in the regulation of national emergency status. This is because existing laws are not relevant to current conditions.
THE SOCIAL AND ENVIROMENT RESPONSIBILITY OF PLANTATION COMPANY AND OIL PALM MANUFACTURER IN SIAK DISTRICT Resky Pratama Saputra; Fahmi Fahmi; Yeni Triana
JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i2.322

Abstract

Based on Article 74 Paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, it is stipulated that companies that carry out their business activities in the field of natural resources and / or fields related to natural resources are obliged to carry out social and environmental responsibility. This research aims to explain the social and environmental responsibility of plantation companies and oil palm mills in Siak Regency based on Law Number 40 of 2007 concerning Limited Liability Companies. The method used in this research is socio-legal research. The results of the research explained that the social and environmental responsibility of the plantation company and palm oil mill PT Teguh Karsa Wana Lestari in Siak Regency based on Law Number 40 of 2007 concerning Limited Liability Companies isn’t yet implemented. Legal sanctions for oil palm plantation and mill company PT Teguh Karsa Wana Lestari in Siak Regency are companies that don’t carry out social responsibility are subject to administrative sanctions based on Law Number 40 of 2007 concerning Limited Liability Companies, while companies that don’t carry out their responsibilities environment can be subject to criminal sanctions based on Law Number 32 of 2009 concerning Environmental Protection and Management.
THE JURISDICTION OF INTELLECTUAL PROPRIETARY RIGHTS OF NAMBO WEAVING AFFAIRS OF BANGGAI REGENCY Rahmat Setiawan; Firmansyah Fality
JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i2.294

Abstract

Nambo weaving is a local wisdom as the pride of the people in Banggai Regency. As the heritage of the artistic art of local weaving affais which has the artistic value deserves to be excelled by acclamated the Nambo Weaving as the land mark for tourism sectors in Banggai District of Central Sulawesi. The practical purpose of this article is to observe the jurisdiction of Intellectual Proprietary Rights and the efforts to provide legal protection for the existence of Nambo Weaving. Empirical legal research is as method of the research; specifically is based on the sociological juridical type. Sociological juridical research is research based on normative legal science and its implementation. The results showed that legal protection of Intellectual property rights for Nambo Weaving can be done by protecting the Geographical Indication. The safeguard that has been done is registration of Geographical Indications of Nambo Weaving. However, the registration process is still pending at the substantive examination stage. As for the efforts made to support legal protection of Intellectual property rights for Nambo Weaving are by optimizing the registration process for the Geographical Indication for Nambo Weaving, registering the copyright for Nambo Weaving motifs and providing guidance to craftsmen.
EFEKTIFITAS PERAN OMBUDSMAN REPUBLIK INDONESIA PERWAKILAN PROVINSI KEPULAUAN RIAU SEBAGAI LEMBAGA PENGAWAS PELAYANAN PUBLIK DI KOTA BATAM Winsherly Tan
JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i1.284

Abstract

It is hoped that the presence of the Ombudsman of the Republic of Indonesia is able to serve the delivery of public services for the realization of state and government administration that is effective and efficient, honest, clean, open, and free from corruption, collusion and nepotism. This purpose is to analyze the problem factors and provide solutions to solve the problems of investigating the problems of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in completing reports and preventing maladministration in Batam City. Legal Research Methods The results of observations, interviews and questionnaires as the main data source and literature study as a source of supporting data showed that the supervision of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in Batam City has not been effective. The problem factors for the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in public services in Batam City, namely less than the budget, absence of reports, legal uncertainty, lack of support from public service providers, Ombudsman coordination and collaboration with public service providers, and public awareness. Based on these problems, the suggestion from the researcher is a recommendation so that the duties and functions of the Ombudsman run more effectively in accordance with the mandate of the Law, namely: with the revision of the UUORI and implementing regulations for legal certainty, increasing the budget and quality of the Indonesian Ombudsman HR Representatives of the Riau Islands Province , collaborating with public service providers.

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