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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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KEDUDUKAN KLASULA BAKU DALAM PERJANJIAN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Rahmat Noholo; Fence M Wantu; Dian Ekawaty Ismail
The Juris Vol. 7 No. 2 (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.v7i2.1043

Abstract

This article aims to find out how the position of the standard clause in an agreement in this case refers to consumer protection regulated in Law Number 8 of 1999 concerning Consumer Protection where the inclusion of standard clauses in an agreement both retail banking transactions and others as is still very much happening in everyday life, where when this clause is agreed upon by both parties then the agreement is considered binding and applies like a law for both of them However, on the other hand, there are opinions that oppose the inclusion of standard clauses in agreements, especially based on the principles of balance and fairness in contracting. By using descriptive analytical research methods and a normative juridical approach, the author wants to answer the extent of the validity and unenforceability of standard clauses in agreements and also how standard clauses in an agreement based on Law Number 8 of 1999 concerning Consumer Protection. The result of this research is that the prohibited standard clause is a clause in a standard agreement that contains a transfer of responsibility of the business actor. the transfer of responsibility has been regulated by the prohibition of its inclusion through Article 18 Paragraph (1) of the GCPL Law.
PERLINDUNGAN TERHADAP PEKERJA DISABILITAS BERUPA PENYEDIAAN FASILITAS KERJA PADA PERUSAHAAN Nurul Putri Fajrianty; Fence M. Wantu; Weny Almoravid Dungga
The Juris Vol. 7 No. 2 (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.v7i2.1044

Abstract

This article aims to find out how the disabled workers in the existing offices and enterprises in the city of Gorontalo, which are according to the rules of the Legislative Act No. 8 of 2016 on Disabled Persons and the Law No. 13 of 2003 on Employment. The protection concerned is the protection of the rights of disabled workers due to the very vulnerable circumstances of the disabled worker in their day-to-day activities. The rights studied by the researchers are more to the fulfilment of the rights of absorption of disabled workers and also the provision of facilities and accessibility for disabled employees The method used in the writing of this paper is the juris-empirical method with the fact approach and the statue approach. Primary and secondary legal data sources based on legislative regulations as well as books related to the protection of wage rights and to fill in secondary data then conducted a session of interviews with the parties concerned. With the data analysis used is qualitative data analysis. Based on the results of this study, it can be concluded that protection for disabled workers in the city of Gorontalo has not been effective because it has not provided the facilities or aids that should be available to disabled employees.
Penegakan Hukum Tindak Pidana Korupsi Ditinjau dari Teori Efektifitas Hukum Firnando Sinaga; Hendricus Abednego Lubis; Mustika Bunga Hijriyah
The Juris Vol. 7 No. 2 (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.v7i2.1047

Abstract

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government consistently maintains PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. This study aims to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The study results show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.
ANALISIS PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG TANPA PUTUSAN PIDANA ASAL KORUPSI Johri; Rodliyah; Rina Rohayu Harun
The Juris Vol. 7 No. 2 (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.v7i2.1048

Abstract

This research aims to analyze the process of law enforcement and prevention of money laundering crimes originating from corruption based on Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering Crimes and the efforts made by third parties acting in good faith to recover their assets if the money laundering crime is not proven in the corruption offense. The research method used in this study is a normative legal research method. From the analysis conducted, the legal enforcement mechanism for money laundering crimes originating from corruption as the underlying offense is essentially bound by the Criminal Procedure Code (KUHAP), the Money Laundering Act, and the Corruption Criminal Act. In the law enforcement process for money laundering crimes, there are still obstacles, both in terms of substantive law (substantive law) and procedural law (formal law). Additionally, the efforts that can be made by third parties to recover their assets are not sufficiently regulated in Law Number 8 of 2010, which means that it may not fully satisfy the principles of justice and legal certainty. To combat and prevent money laundering crimes, especially those derived from corruption, it is not only necessary to have law enforcement agencies with competent human resources for investigation and prosecution, but it is also essential to build synergy among stakeholders to prevent and combat money laundering crimes. Given that combating money laundering crimes involves multiple institutions such as financial institutions, law enforcement agencies, the Financial Transaction Reports and Analysis Center (PPATK), and other relevant agencies as subsystems, including Bank Indonesia, financial service providers, goods and services providers, the Capital Market Supervisory Agency (BAPEPAM-LK), the Ministry of Communication and Information Technology, the Directorate General of Customs and Excise (DJBC), and law enforcement authorities.
PERATURAN HUKUM TERKAIT TANGGUNG JAWAB PJI DALAM PENYARINGAN KONTEN PORNOGRAFI MELALUI INTERNET DI INDONESIA Gitacitra Purnama Akbar; Fence M. Wantu; Dian Ekawaty Ismail
The Juris Vol. 7 No. 2 (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.v7i2.1049

Abstract

Nowadays, the development of science and technology such as the Internet (interconnected computer network) can practically support any profession and its work, thus allowing you to achieve your life goals in a short time. The internet can also be detrimental to the interests of others. As internet and mobile phone technology advances, so does social media. As the number of internet users increases, more and more people are using these social networks for various purposes, some for positive purposes, some for cybercrime. The ease of access to pornographic content is believed to be one of the main causes of the increase in sexual crimes against children in Indonesia. The research used is normative legal research that examines literature studies based on normative systems. The results of this research are in the form of an analysis of the legal regulations related to the responsibility of PJI in filtering pornographic content via the internet in Indonesia.
PENYELESAIAN SENGKETA KONSUMEN DALAM TRANSAKSI CROSS BORDER E-COMMERCE SEBAGAI UPAYA MEMBERIKAN PERLINDUNGAN HUKUM Firmansyah Umar; Fenty U. Puluhulawa; Fence M. Wantu
The Juris Vol. 7 No. 2 (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.v7i2.1050

Abstract

This article aims to know the consumer protection in transactioncross border e-commerceand consumer dispute resolution due to losses experienced by consumers in the transaction. This research is a normative legal research that uses secondary data such as legislation. Legal protection of consumers in transactions e-commerceis regulated by Law No. 8 of 1999 on Consumer Protection and Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions. Zincleta settlement in cross border e-commerceinvolves various problems, especially related to standard clauses referring to foreign jurisdictions. The ITE Law provides a legal basis for e-commerce,but does not specifically regulate cross-border agreements, various methods of dispute resolution, such as mediation, arbitration, and ODR (Online Dispute Resolution) becomes relevant in this context. In conclusion, legal protection of consumers in cross-border e-commerceneeds to be strengthened. Dispute resolution involves the role of institutions such as the Consumer Dispute Resolution Agency (BPSK) and the Indonesian National Arbitration Board (BANI), but the implementation of ODR can be an innovative solution to handle disputes efficiently, especially in the international sphere.need to be strengthened.
ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI Imelda Hasibuan; Sunariyo
The Juris Vol. 7 No. 2 (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.v7i2.1051

Abstract

Over time, discussions about corruption have never ceased; corruption in Indonesia is rising. Corruption has spread widely in society in terms of the number of cases and the amount of state losses. It is a criminal act of exceptional quality, penetrating all aspects of community life. Examined from a juridical perspective, corruption is an extraordinary crime. Uncontrolled corruption will bring disaster not only to the nation's life but also to the nation and the state. The enforcement of Co Crimes law (Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes) is the primary remedy (preferred means), and criminal sanctions are the primary choice (premium medium). The results of this research show that the judge's decision is considered incorrect because the decision is proven to involve bribery as stated in Article 11 of Law Number 20 of 2001, amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes against the perpetrator mentioned, Jamel Panjaitan. Even though legal considerations and witness statements confirm that the perpetrator committed the crime of corruption through extortion as regulated in Article 12 letter e of Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes. Moreover, if the perpetrator's actions involve bribery, the briber should also be punished.
PENEGAKAN HUKUM TINDAK PENGANIAYAAN DALAM MENERAPKAN RESTORATIF JUSTICE Mohd. Yusuf DM; Roy Ando Sirait; Reski; Henny Susylawaty Ginting; Rezky Imelda
The Juris Vol. 7 No. 2 (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.v7i2.1103

Abstract

The National Police Regulation on Handling Crimes based on Restorative Justice is a step taken by the National Police in realizing the resolution of criminal acts by prioritizing Restorative Justice, which emphasizes restoring the original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment, is a legal necessity in society. The Police Regulation on Handling Crimes based on Restorative Justice is a new concept in criminal law enforcement that accommodates the norms and values prevailing in society as a solution while providing legal certainty, especially the benefit and sense of justice of the community, in order to answer the development of the legal needs of the community that fulfills the sense of justice of all parties, which is a manifestation of the authority of the National Police in accordance with Article 16 and Article 18 of Law No.02 of 2002 concerning the National Police of the Republic of Indonesia.The method used is normative legal research. Based on the results of the research, it is known that the Regulation of the Indonesian National Police (Perpol) No. 8 of 2021 concerning law enforcement of persecution applies a restorative justice approach, which can be understood from a legal sociology perspective as an effort to restore social relations and resolve conflicts in an equitable manner. Restorative justice emphasizes the rehabilitation of perpetrators and the restoration of relationships between perpetrators and victims, creating social balance, and reducing stigmatization. This approach reflects a paradigm shift from punitive sanctions to social repair, which is expected to make a positive contribution to the social dynamics of society.
TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK Frederika Bernadeta Ursula Idam Putri; Triasnti Erika Bais; Fransiska Nyoman Supadi; Yustinus Pedo
The Juris Vol. 7 No. 2 (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.v7i2.1116

Abstract

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.
ANALISIS KASUS ROCKY GERUNG YANG DIDUGA MELAKUKAN PENGHINAAN TERHADAP PRESIDEN JOKOWI DODO Maria Alfira Nata; Antonia Alfiayu Zigha Nanga; Lousiano Grandiroyvan Wera Moa; Yohanes Arman
The Juris Vol. 7 No. 2 (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.v7i2.1118

Abstract

This study analyzes the case of insult against President Jokowi Dodo by Rocky Gerung, an intellectual and critic of the government. This study uses a qualitative method with a case study approach, which allows the researcher to understand the phenomenon from various aspects. Qualitative data were collected from various sources, such as mass media, social media, and legal documents. This study uses the Differential Association theory and the Labelling theory to explain Rocky Gerung's behavior. The results of the study show that Rocky Gerung's statement has the potential to be considered as insulting the president personally, even though he claims to be a critique of the government's policy. Insulting the leader of the state should not be done in the space of democracy and freedom of expression. As an intellectual, Rocky Gerung should express his opinion with responsibility and respect for public institutions.

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