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[THE IMPLEMENTATION OF COMPANY’S CSR PROGRAM IN EMPOWERING THE ECONOMY OF RURAL COMMUNITIES DURING THE COVID-19 PANDEMIC ]]>
<![CDATA[Sandra Dewi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.344
<![CDATA[This research aims to explain the implementation of the company's CSR program in empowering the economy of rural communities during the Covid-19 pandemic based on Riau Provincial Regulation Number 6 of 2012. The method of the research is socio-legal research. The results of the research explain that the Covid-19 Pandemic has the impact toward the sustainibility local economy of Riau Province, including the people of Palas Village. In addition for expecting social grant from the government, one great opportunity for inhabitants of Palas Village for the enhancement of local economy condition must based on the application on the CSR programs of companies operating system in Pelalawan Regency. Companies that carry out their business activities in the field of natural resources and / or fields related to natural resources must require to carry out CSR. Based on Article 32 of Riau Provincial Regulation Number 6 of 2012, it is stated that companies that do not implement CSR will be worned of administrative sanctions in the form of written warnings and restrictions on business activities, freezing of business activities, and revocation of business activities.]]>
<![CDATA[IMPLIKASI PELAKSANAAN PERJANJIAN JUAL BELI TELEPON SELULER ILEGAL (BLACK MARKET) ]]>
<![CDATA[Andika Prawira Buana]]>;
<![CDATA[Hasnan Hasbi]]>;
<![CDATA[Muhammad Kamal]]>;
<![CDATA[Aan Aswari]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.268
<![CDATA[An agreement is a legal relationship between one person and another person or several persons in order to accomplish a certain thing that has been agreed upon. The Agreement becomes the Law for the parties who make and comply with the content of the agreement. In principle, the treaty embraces the principle of contractual freedom, but that freedom has certain limitations that cannot be violated for the sake of justice, usefulness and legal certainty. The purpose of this research is to describe juridically the wetness and consequences of the illegal cell phone sale and purchase agreement. This research method uses normative legal research type using secondary data and is analyzed based on juridical descriptive. The results of this study argue that the absence of a mobile phone sale agreement is illegal because it does not meet the legal requirements of the agreement which is lawful under the applicable positive law and that the agreement is declared void by law and is considered to be a non-binding agreement.]]>
<![CDATA[ONLINE SELLING AND BUYING FRAUD: THE LAW OF ELECTRONIC TRANSACTION PERSPECTIVE ]]>
<![CDATA[Muhammad Kamran]]>;
<![CDATA[Ahmadi Miru]]>;
<![CDATA[Maskun Maskun]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.304
<![CDATA[The rapid development of buying and selling online today is also followed by a high number of online based frauds. This study aims to determine the legal protection for consumers due to online buying and selling fraud. This research is a normative legal research using a statutory approach, a case approach, a conceptual approach, an analytical approach and a theoretical approach. The result of this study indicates that legal protection for consumers due to online buying and selling fraud creates responsibility for consumer losses in electronic transactions as regulated both in the ITE Law, Civil Code, Criminal Code and Consumer Protection Law. The consumer losses oblige the person who due to his fault published the loss has to compensate the loss. So the recommendation of the researcher is for the online buying and selling agreement is still prone to fraud, with this fraud, it issues legal consequences, the main cause of prone to the online buying and selling business fraud is because there are several parties who are not responsible for all the items sold.]]>
<![CDATA[AUTHORITY AND RESPONSIBILITY OF NOTARY IN THE RETENTION OF DOCUMENTS OF PARTIES OTHER THAN NOTARY PROTOCOL IN THE IMPLEMENTATION OF ITS OFFICE ]]>
<![CDATA[T. Zikri Yutami Hamda]]>;
<![CDATA[Yanis Rinaldi]]>;
<![CDATA[Teuku Abdurrahman]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.299
<![CDATA[Article 1 number 1 Law 2 of 2014 Concerning on Notary Profession (UUJN) reads that the notary has the authority to make an authentic deed, the article is the main principle of notary duty, after the completion of the signatory of the deed, ends the notary duty at the contractual stage. But the reality is that at the post-contractual stage there are notaries that serve the storage of documents of parties other than notary protocols. This custom affects notary independence in the event of legal problems. Research Method is normative legal research using primary and secondary legal materials. The approach used is a statutory approach and an institutional approach to then conducted in-depth analysis. The results showed the storage of documents of parties other than notary protocols posed a legal risk, moral risk and not accepted by the MPD, the storage of such documents contrary to Article 1, Article 16 Verse (1), Article 53 UUJN for placing themselves as recipients of the document storage and services outside UUJN, Article 1868 and 1338 of the Civil Code limiting notaries to act in accordance with UUJN, the storage of such documents at risk of defavoring dignity and violating the notary code of conduct.]]>
<![CDATA[APLIKASI KONSEP NEGARA HUKUM DAN DEMOKRASI DALAM PEMBENTUKAN UNDANG-UNDANG DI INDONESIA ]]>
<![CDATA[Fauzi Iswari]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.285
<![CDATA[The involvement of the people in determining public policies, such as in the formation of laws, is a reflection of the state that synergizes law and democracy. This research aims to describe the application of the concept of a rule of law and democracy in the formation of laws in Indonesia. This type of research is normative legal research in which data is obtained from library materials or secondary data. The data analysis techniques (legal materials) used are qualitative analysis. From the results of the research conducted, it can be understood that the application of the principles of rule of law and democracy in the formation of laws in Indonesia, is ideally reflected in the application of the principles of legality, the principle of legal certainty, and the protection of human rights in a law. Meanwhile, the principle of democracy in the formation of laws can be seen from the existence of public involvement or participation in the formation of a law. However, what is happening in Indonesia today is that the formation of laws has led to indifference to the principles of a rule of law and democracy. This has resulted in protests and rejection of laws that have been passed as well as against bills being discussed in the legislative.]]>
<![CDATA[MENYOAL EKSISTENSI KELEMBAGAAN MANAJEMEN INOVASI PERGURUAN TINGGI DALAM HAL HILIRISASI HASIL RISET ]]>
<![CDATA[Muh Ali Masnun]]>;
<![CDATA[Dilla Nurfiana Astanti]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.269
<![CDATA[Research as one of the important pillars for the progress of a nation, it is because the outcome of research can be transferred to the user. The purpose of this study is to examine the existence of innovation management institutions in higher education in the case of transfering of research results after the promulgation of the Ministry of Research and Technology MIPTi in 2019. This study uses legal research methods using primary and secondary legal materials. The approach used is the legislative approach and institutional approach for in-depth analysis. The results showed several things including, firstly that the existence of innovation management institutions from the normative side was still relatively weak, it was based on provisions which were still optional to open space for universities to not manage innovation management optimally. Second, that normatively it has not been explained in detail, especially related to institutional aspects and practice guidelines for most of the functions to be carried out by the innovation management agency. Third, that from the normative side the authority of the innovation management agency has the potential to overlap with the authority of the intellectual property center. The recommendation for this research is that there needs to be a strict regulation on the existence of an innovation management institution and harmonization of an innovation management agency with other laws and regulations.]]>
<![CDATA[THE POLICY OF OVERCROWDING MANAGEMENT OF JAIL IN INDONESIA DURING COVID-19 PANDEMIC ]]>
<![CDATA[Rudini Hasyim Rado]]>;
<![CDATA[Nurul Widhanita Yuniar Badilla]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.332
<![CDATA[This research is focused on the overcrowding management policy of jail capacity in Indonesia by utilizing coronavirus disease (covid-19) pandemic momentum. The method of the research is an empiric juridical law method and other related laws and regulations as the primer data confirmed with the observation. Data analysis of the research is based on descriptive analysis. Based on the research data, it might be concluded that the situation in the prisons before the covid-19 pandemic was nationally overcrowding in 102% and it occurred almost all over Indonesia. This overcrowding condition was overloaded and inhuman, moreover in the covid-19 pandemic period. It potentially transmits the disease to the prisoners and officers, thus assimilation policy had been applied by intention to release 40.026 prisoners. It decreases the overcrowding percentage to be 74%. On the other side policy restriction for particular crimes might provide more spaces in the prisons, even though it is hard to be considered effective because overcrowding is still existed.]]>
<![CDATA[E-LITIGATION AS THE AMENITIES FOR THE PRINCIPLE OF CONTANTE JUSTITIE MANIFESTATION OF CIVIL JURISDICTION IN INDONESIA ]]>
<![CDATA[Zil Aidi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.310
<![CDATA[E-litigation or electronic-based trials is one of the features of e-court. This study seeks to provide answers regarding the extent to which the role of e-litigation in realizing the principle of contante justitie in the judiciary in Indonesia, especially in civil courts. This research also discusses what factors hinder the implementation of e-litigation in civil courts in Indonesia. The research that uses Yogyakarta District Court (PN) and Marabahan District Court (PN) as the object is qualitative research, which is juridical empirical and analyzes the collected data using qualitative descriptive methods.) The results showed that both the Yogyakarta District Court and the Marabahan District Court had e-litigation features available. Still, they had not fully contributed optimally in realizing the contante justitie principle in civil court. In the two PN's above, there are already several court users who use the e-litigation feature, especially regarding the submission of claims, answers, replicas, duplicates, conclusions, and written evidence electronically as reading the verdict electronically. However, for the electronic examination of witness and expert evidence, no court user has used it. The things that hinder the implementation of e-litigation in those district courts are court users' reluctance to use the e-litigation feature due to the unpractical regulation and the lack of internet availability signal access.]]>
<![CDATA[KEBIJAKAN REFORMA AGRARIA TERHADAP LAHAN PERTANIAN DI KABUPATEN TULUNGAGUNG ]]>
<![CDATA[Siti Chadijah]]>;
<![CDATA[Dwi Kusumo Wardhani]]>;
<![CDATA[Ali Imron]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.286
<![CDATA[The phenomenon of agricultural land use change one of which occurred in Tulungagung Regency, East Java. Agricultural land in Tulungagung Regency continues to experience shrinking, triggering fears of instability in the area's food security. Thus this research aims to answer and describe how: (1) Implementation of policies on agricultural land in Tulungagung Regency and (2) Factors that influence the implementation of agrarian reform in the Tulungagung Regency. The analysis begins dissecting the laws and regulations relating to Agrarian and Agrarian Reform Policies, among others: UUPA, Perpres No. 86 of 2018 on Agrarian Reform, and is associated with regulations related to the control and use of agricultural land, among others; Law No. 41 of 2009 concerning Protection of Sustainable Agricultural Land. Furthermore, reviewing the regulations at the Tulungagung District Land Office related to the Agrarian Reform on the Control and Use of Agricultural Land and Regional Regulations in force, then photographing how they are applied in the field so as to draw conclusions from the factors that influence the implementation of Agrarian Reform, one of which is a change use of agricultural land to become non-agricultural. The results of the study concluded that a strategic step is needed in the form of food agricultural land protection in Tulungagung Regency by regulating and immediately establishing it as a Sustainable Food Agriculture Area.]]>
<![CDATA[PENANGGULANGAN KEJAHATAN PEROMPAKAN LAUT DI INDONESIA BERDASARKAN PERSPEKTIF HUKUM PIDANA INTERNASIONAL ]]>
<![CDATA[Kurniasanti Kurniasanti]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 1 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i1.270
<![CDATA[The crime of piracy at sea is one of the acts of violence or illegal detention, or any act of destruction committed for personal purposes by the crew of a ship or a passenger of a private ship or aircraft and aimed at the high seas, against other ships or aircraft or against persons or goods that are on board a ship or aircraft somewhere outside the jurisdiction of any country. This article aims to analyze the implementation of the universal jurisdiction of a country in tackling the crime of marine piracy in Indonesia and the preventive measures applied by the government in protecting Indonesian-flagged ships in foreign territorial waters that are prone to armed robbery. This research uses doctrinal legal research. Doctrinal legal research is research on law that is conceptualized and developed on the basis of the doctrine adhered to by the conceptor and / or the developer. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. Piracy is a common enemy of the international community which has tremendous consequences for international security. Regarding prosecuting perpetrators of piracy crimes, in this case international law itself has transferred its powers to all countries, namely the application of the principle of universal jurisdiction.]]>
