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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 514 Documents
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PENGOPTIMALKAN PENDEKATAN KEADILAN RESTORATIF DALAM MENANGGULANGI KEJAHATAN YANG DIAKIBATKAN GAYA HIDUP HEDONISME Agung Salman Alfarisi; Ahmad Muhammad Ridwan Saeful Hikmat
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.821

Abstract

There is no denying that technological development has grown rapidly and become more sophisticated, impacting on people's lifestyles. Poverty has been known to result in a high proportion of low-income offenders. In fact, the backlog of cases continues to grow every day, causing tremendous suffering for justice seekers. The purpose of this research is to see the extent of the implementation of restorative justice in repairing criminals caused by the hedonism lifestyle. This research is a normative legal research. The results of the study found that the current restorative justice approach with education and discussion can reduce the level of recidivism. Criminal law procedural justice must pay attention to human dignity and values, with the aim of repairing, educating, preventing repetition of crimes, and integrating offenders back into society. Thus, restorative justice aims to build a criminal justice system that is sensitive to the problems of victims and offenders from the effects of hedonism. This approach is a critique of the criminal justice system that tends to be retributive and ignores the role of victims, perpetrators, and society so that the individualization of offenders with the nature of hedonism becomes a focus in restorative justice.
PERLINDUNGAN HAK ANAK AKIBAT KEKERASAN SEKSUAL DI PONDOK PESANTREN PERPSEKTIF MAQASHID SYARIAH (YASSER AUDA) DAN HUKUM POSITIF Netti Herawati; Abnan Pancasilawati; Maisyarah Rahmi
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.824

Abstract

This research discusses protecting children's rights in the context of sexual violence in boarding schools, using the perspective of Maqoshid Syariah presented by Yasser Auda and integrating it with positive law. The research aims to analyze the relevance of the concepts of Maqoshid Syariah in protecting the rights of children who are victims of sexual violence, as well as comparing it to positive law. This research uses a phenomenological approach and literature analysis methods by referring to Yasser Auda's works on Maqoshid Syariah and positive legal studies on protecting children's rights and sexual violence in boarding schools. The research results show that; First, The background of the perpetrator, who is the Leader of the Islamic Boarding School, is only due to lust and conscious will by forcing the victim to marry ‘Sirri’ without the knowledge of other people; second, The form of legal protection given to victims of sexual violence is legally processed, providing health protection in the form of mental health through UPT Integrated Service Center for Empowerment of Women and Children (P2TP2A) Kutai Kartanegara, and offer legal assistance to victims to be accompanied, third, must include the role of religion, protect the victim's soul both physically and non-physically (mentally), provide guarantees for a good education, offspring obtained from marriage based on an agreement, protection in socio-economic terms, protection in the form of clearing the victim's good name.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENGGELAPAN DALAM JABATAN DIHUBUNGKAN DENGAN KITAB UNDANG-UNDANG HUKUM PIDANA Zatmika Nur Farhan; Deny Guntara; Muhamad Abas
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.698

Abstract

This study aims to find out the basic considerations of the Panel of Judges in passing a decision on each of the defendants who were proven to have jointly committed the crime of embezzlement while serving at PT. Maybank Indonesia Finance Karawang Branch. Apart from that, this study also aims to investigate and find out why the splitting of the case file was carried out between the two defendants in the same case, namely the case of embezzlement in office which was carried out jointly by the two defendants, resulting in a different decision in the same case. The research method used in this study is normative juridical approach, namely a legal approach that is carried out by examining the rules or norms and rules related to the crime of embezzlement in office by way of literature study, namely by reading, citing and examine the theories related to the problems studied. Then the main data used is secondary data and supporting data is primary data. This data analysis technique was obtained by legal reasoning techniques, where this technique describes the reasons for existence, namely the law is relational, the law is correlated with diversity. Deny Herdian Bin Sudaryono's actions caused material losses that were smaller than those caused by Firdaus Alam Perdana, SE Bin Syofran. This is one of the judge's considerations in looking at aggravating circumstances and mitigating circumstances. The case files were separated between the two defendants, so that the two defendants could act as reciprocal witnesses.
AKIBAT HUKUM TERHADAP WANPRESTASI DALAM PERJANJIAN DIBAWAH TANGAN ATAS JUAL BELI TANAH DAN BANGUNAN BERDASARKAN PASAL 1320 KUHPERDATA Khoirul Ummam; Deny Guntara; Muhamad Abas
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.699

Abstract

An agreement is an event that is carried out by a person to another person, either one party or several parties, the agreement then becomes a law for the parties who have made it. The transfer of land rights can be transferred and the transfer of land rights due to inheritance, buying and selling, exchange, grants, and wills. Research conducted by the author on this issue is related to Default in the transfer of rights to land and building houses. The purpose of this study is to determine legal protection and certainty in the transfer of land and building rights in private agreements based on Article 1320 of the Civil Code and related to Law Number 5 of 1960 concerning Agrarian Principles. And to find out the considerations of the Panel of Judges in Decision Number 60/Pdt.G/2022/PN Kwg. With qualitative research methods, normative juridical approach methods using secondary data as primary data, and primary data as supporting data, and analysis techniques using legal reasoning, as well as the results of research conducted that the transfer of rights to land and buildings has a process that needs to be carried out, if If the transfer of rights is through a sale and purchase, then the sale and purchase agreement must be before the Land Deed Making Officer, who then makes a sale and purchase deed, and the transfer of rights is registered at the land office for the transfer of new rights.
TINJAUAN YURIDIS TERHADAP KEBERADAAN LEMBAGA PERLINDUNGAN KONSUMEN SWADAYA MASYARAKAT DI KABUPATEN KARAWANG BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Narya Suryadi Narya; Yuniar Rahmatiar; Muhamad Abas
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.705

Abstract

This study aims to provide an explanation regarding the existence of the NonGovernmental Organization for Consumer Protection in relation to its duties, functions and authorities which of course refers to the Consumer Protection Act and to increase consumer knowledge regarding rights and obligations. To achieve this goal, it is necessary to present a case study regarding consumer disputes handled by the Karawang Regency Consumer Dispute Resolution Agency as part of the Karawang Regency NonGovernmental Consumer Protection Agency. This is intended so that when consumers experience consumer dispute cases, consumers know what to do, where to go and how to resolve the dispute. The data analysis technique was obtained by using legal reasoning techniques, in which this technique describes the reasons for the existence, that is, laws are relational, laws correlate with diversity, and are the basis of legal reasoning. Then the legal logic analysis technique is also used which is a tool to clarify and evaluate reasoning, and a path can be made from premise to conclusion. The results of this study can be concluded that the Non-Governmental Organization for Consumer Protection is a non-governmental organization registered and recognized by the government that has activities regarding consumer protection. In handling consumer dispute cases, LPKSM often works together with BPSK Karawang Regency to resolve these disputes. The legal basis regarding the rights and obligations of consumers and business actors is contained in Article 4, Article 5, Article 6 to Article 7 of Law Number 8 of 1999 concerning Consumer Protection.
ANALISA YURIDIS PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF HUKUM POSITIF DI KOTA SURABAYA Indri Dwi Cahyani; Adi Suliantoro
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.830

Abstract

Interreligious marriage has remained a controversial topic in society since the time of Marriage Law No. 1 of 1974. The agreements and rules governing interfaith marriages are primarily aimed at whether different marriages are valid. Look only at Law No. 6 of 2006 on Population Control. Couples married to different religions can apply to the district court, but this is limited to registration of marriage only, but what regulates whether it is legal? No regulations yet. The Indonesian Islamic scholar, particularly in his KHI Compilation of Islamic Law, states that interreligious marriages are void, which is supported by his 2005 MUI Fatwa on Interreligious Marriage. In this study, the authors use a prescriptive legal approach. It is a method of studying forensic research conducted on literature or secondary data and using deductive reasoning and coherent truth criteria. Deductive thinking should be understood as a way of thinking that draws conclusions from proven-true generalities and is directed to specifics. Interreligious marriage cannot be justified on the basis of Marriage Law and Summarizing Islamic Law, as the purpose of these rules is to prevent greater harm/loss in addition to the resulting benefit/benefit.
TANGGUNGJAWAB NOTARIS YANG TIDAK HADIR DALAM PEMBUATAN AKTA PERJANJIAN KREDIT DI BANK Fitriani Iswandari
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.831

Abstract

Notaries are here to serve the interests of the public who need evidence in the form of authentic deeds. An increase in the number of deed legalized in 2018 from 64612 cases to 90037 cases in 2019. Every year the need for legalization services, especially the presence of a notary at the time of the credit agreement and the signing of the deed is very important, considering that the community's need for legal certainty is increasing. The research method used is normative juridical using secondary data, through an approach by examining theories, concepts, legal principles and laws and regulations related to research. The conclusion of this study is that the Notary is responsible for what is witnessed, namely what is seen, heard, and also done by the Notary. Guarantee that the deed made contains the truth/certainty, the correctness of the signature, the identity of the parties present, as well as the place where the deed was made, so that the notary has a great responsibility in fulfilling his obligations in serving the community, especially when the credit agreement is made at the bank with the deed made through his presence or substitute notary if the notary is unable to attend due to certain circumstances.
KEBEBASAN HAKIM DALAM MENJATUHKAN PIDANA MINIMUM DAN MAKSIMUM PADA TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN Nursolihi Insani
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.832

Abstract

In the Indonesian Criminal Code (KUHP), there is no minimum sanction for a criminal offense. However, the KUHP provides a limitation in book one on general rules, which states that the shortest prison sentence is one day and a maximum of fifteen years. This will lead to legal uncertainty, if it turns out that aggravated criminal offenses must also refer to Article 12 of the Criminal Code to determine the minimum sanction. The point here is, there is no difference in the end between the crime of ordinary theft and the crime of theft with aggravation, if in the end it is sentenced under the maximum penalty for ordinary theft or theft in the main form. The research method used is a literature study or also called normative, with a statutory approach, using primary and secondary legal materials which are then read, recorded, then summarize all materials related to the theme of the writing raised. In the end, judges as law enforcers who have the freedom to decide a case, must rely on a clear and firm rule of law, when a rule of law does not provide firmness, the final result in the decision will provide legal uncertainty for the litigants.
ANALISIS PERLINDUNGAN KONSUMEN TERHADAP TANGGUNG JAWAB PELAKU USAHA MEMPRODUKSI OBAT SIRUP CAIR YANG MENIMBULKAN GAGAL GINJAL AKUT PADA ANAK Ahmad Sopian Sauri; Yuniar Rahmatiar; Muhamad Abas
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.833

Abstract

The purpose of this research is to find out how business actors are responsible for consumer losses according to the Consumer Protection Act in Indonesia and to find out how legal protection is for consumers who are harmed by business actors both in civil and criminal law, with a case study of acute kidney failure in children caused by consuming syrup drug products. Business activities carried out by business actors in producing a product can be in the form of goods and/or services that can provide a sense of security, comfort, safety and do not pose a danger to consumer health. Products produced and traded by business actors must meet quality standards, provide correct, honest and clear information on products produced and traded after going through tests and inspections by BPOM. The method used in this research is the normative research method while the data analysis technique is obtained by using legal reasoning techniques. The results of this study can be concluded that business actors committed violations in producing children's syrup drugs using dangerous drug mixtures due to use that exceeds the threshold. Civil responsibility, providing compensation and compensation to the victim's family. Criminal liability, namely imprisonment for a maximum of 10 years and a fine of up to Rp. 1 billion. In addition to guaranteeing consumer rights in the UUPK, criminal sanctions are regulated as a preventive and repressive measure for violations committed by business actors against the rights of consumers aimed at protecting the rights of consumers who feel disadvantaged in buying and selling transactions between business actors.
TINJAUAN YURIDIS TERHADAP PELAKU TINDAK PIDANA PEDOFILIA MENURUT UU NO 35 TAHUN 2014 TENTANG PERUBAHAN UU NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Agustinus Aldy Pratama; Safik Faozi
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.837

Abstract

Similarly in order children protection, country and government has responsible to provides and accessibility for children. Especially in guaranteeing optimal growth and development of the child directed as in the explanation of Law Number 23 of 2002 about Child Protection. Based on the background above, the title is taken Juridical Review of Perpetrators of Pedophilia Crimes According to Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. This research normative juridical type of research, research specifications in this research in inconcreto legal research, This research used secondary data. Data collection methods used literature study. Data presentation methods by editing, data analysis methods using qualitative descriptive analysis methods. The results of this research are that the juridical review of perpetrators of pedophilia crimes is in accordance with the applicable laws and regulations, namely according to Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, also knowing the form of protection for victims of pedophilia crimes.

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