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Jurnal Ilmu Hukum Tambun Bungai
Published by Sekolah Tinggi Ilmu Hukum Tambun Bungai
ISSN : 25029541     EISSN : 26859386     DOI : 10.61394
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is a scientific journal published by Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya with p-ISSN 2502-9541 e-ISSN 2685-9386, Indonesia. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) covers the fields of Criminal Law, Business Law, Civil Law, Administrative Law, Islamic Law, Constitutional Law, International Law, Customary Law, Economic Law, Human Rights Law, and other sections related to contemporary issues in law. First published in March 2016 for the electronic version. The purpose of the Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is to provide a place for academics, researchers and practitioners to publish original research articles or review articles, disseminate research results and increase the productivity of scientific publications. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) was published twice in March and September.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 8 No 1 (2023): June 2023" : 6 Documents clear
Synergy of Inclusive Groups as An Effort to Resolve Identity Politics in Elections Asfia, Hilyatul
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.242

Abstract

The practice of identity politics by exploiting the issue of SARA in the 2019 simultaneous election contestation has damaged the essence of democracy. This raises problems that threaten the unity and integrity of the Indonesian nation so it has implications for constituents in exercising their right to vote. Factors of diversity, structure and legal culture that are still weak are the main problems that demand to be resolved. This research focuses on efforts to gather and strengthen inclusive groups, namely active participation by the government, mass media, students and the community through a series of strategic steps in carrying out their functions. This study uses a type of normative research with secondary data types. Based on a philosophical, statutory and conceptual approach. From the research conducted, it was found that the synergy of internal (government) and external (community) roles based on the legal system in an inclusive manner is a step to overcome and resolve the problem of using SARA issues in attracting the votes of sympathizers, to create quality democracy.The practice of identity politics by exploiting the issue of SARA in the 2019 simultaneous election contestation has damaged the essence of democracy. This raises problems that threaten the unity and integrity of the Indonesian nation so it has implications for constituents in exercising their right to vote. Factors of diversity, structure and legal culture that are still weak are the main problems that demand to be resolved. This research focuses on efforts to gather and strengthen inclusive groups, namely active participation by the government, mass media, students and the community through a series of strategic steps in carrying out their functions. This study uses a type of normative research with secondary data types. Based on a philosophical, statutory and conceptual approach. From the research conducted, it was found that the synergy of internal (government) and external (community) roles based on the legal system in an inclusive manner is a step to overcome and resolve the problem of using SARA issues in attracting the votes of sympathizers, to create quality democracy.
Inheritance Law of Children Outside of Marriage Widya Putri, Meyrara
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.247

Abstract

Inheritance law has an important role in people's lives, especially in terms of regulating rights to property left by someone who has died. However, in practice, the implementation of inheritance law in Indonesia still faces various challenges, such as differences in views between heirs and the court, ambiguity in the inheritance process, and the determination of heirs which can lead to conflicts and disputes between the families left behind. Therefore, it is necessary to conduct a more in-depth study of inheritance law in Indonesia to improve implementation and provide solutions to problems that arise. This study uses the literature review method of literature on books related to the theme of the papers made, and also sources from dictionaries and several articles from the internet. It was found that there are two legal bases for an expert to inherit a number of the heir's assets according to the BW inheritance legal system, namely according to the provisions of the law and appointed in a will. Inheritance must occur under the condition that the heir must have passed away (Article 830 of the Civil Code) and conditions related to the heir. The person who is entitled or the heir to the inheritance must have existed or was still alive at the death of the heir. A child out of wedlock may only inherit his father's inheritance if this father recognizes him as his son, but he may not inherit class II, class III and class IV inheritance. He may inherit inheritance from all groups if he is recognized as legitimate, namely the recognition that was ratified in the District Court. Even though he has been recognized as legitimate, what he gets in inheriting is not the same as a legitimate child.
Application of Customary Law in The Justice System in Indonesia Ardiansyah, Mawar; Azima, Rozi
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.248

Abstract

Customary law is the original law of the Indonesian nation which originates from unwritten legal rules that grow and develop and are maintained by the community. Its unwritten nature is a weakness in its position as one of the laws in Indonesia. In practice, customary law does indeed have a place in the administration of justice. Therefore it is necessary to know how the application of customary law in the justice system in Indonesia. The purpose of this study is to determine the application of customary law in the justice system in Indonesia. The research method used in this study is normative juridical research as well as a conceptual approach. The data collection method used is the library study method. With a qualitative analysis method. The results of the research show that the application of customary law in the justice system is very important. Customary justice has become a place for solving problems faced by people in remote villages. In addition, most poor people prefer to settle their cases in customary courts rather than taking state law. However, in implementing this, there are not a few challenges faced, due to the fact that the role of customary justice has not been properly recognized. The unclear recognition of customary justice in laws and regulations has an impact on the existence of customary justice. The government needs to provide a clear position of customary law so that it can carry out its function as one of the laws in Indonesia.
Marital Property in Indonesia Akbar, Wahyu; Kurniawan, Rahmad
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.250

Abstract

This study examines the position of marital assets in the law and customary law of the Dayak ngaju in the Indonesian legal system. Marital assets in the 1974 Marriage Law and KHI are legal products originating, one of them from Customary Law, which still leaves problems in its implementation. As a result, judges differ in decisions in settling marital assets in Indonesia. This paper applies a type of normative research. Besides that, it also uses the library research method, which examines the literature analyzed qualitatively using a statutory approach and a conceptual approach to Islamic Economic Law. The results of this study indicate that UUP marriage can be reviewed, one of which can be sourced from customary law, especially the institutionalized Dayak Ngaju. Marital assets should provide economic guarantees for women's and children's futures through the distribution of marital assets.
Netflix's Problems With Net Neutrality and Gats Principles With Indonesian National Regulations Yosuadi, Dolok
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.156

Abstract

This research discusses the need for the application of strict regulations, especially for the Netflix Over The Top (OTT) service, as an Information Technology service run by telecommunication services with content in the form of data, information or multimedia that runs through the internet network, the services delivered are through the internet network. , infrastructure owned by the operator, but without any cooperation with the operator or the government in Indonesia. The presence of Netflix in Indonesia can be likened to a trader selling in a house without asking the owner for permission, because it does not respect state sovereignty by not taking care of licensing, and there is no protection for the user community. Regulations related to OTT services such as Netflix have not been explicitly regulated in existing laws in Indonesia, only in broad terms are regulated in regulations on telecommunications. The government should immediately issue regulations related to OTT services such as Netflix to ensure legal certainty and justice for parties in conducting business, especially in the telecommunications sector, according to Indonesia's international commitments and the state's commitment to protect the rights of all Indonesian citizens.
Criminal Law Review of Investment Managers Who Implement Pyramid Schemes F. Martono, Yacob; Setyobowo Sangalang, Rizki; Januardy, Ivans; Ronggo Wicaksono, Restu
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.241

Abstract

Indonesian people's interest in investment is increasing, this is in line with current technological advances. The number of capital market investors in mid-October 2021 grew by around 68 percent from the end of 2020 which reached 3.88 million people. With advances in technology and the rapid flow of information in cyberspace, many people only think about the benefits to be gained from an investment and have no knowledge or lack of understanding about investments and their risks. This is proven by the large number of people who are victims of an illegal investment that implements schemes, for example in the investment case of capital injection (sunmod) for medical devices, the number of victims is estimated to reach 3,000 people with a loss of Rp. 1.2 Trillion. The schematic diagram is also interpreted as a fake investment system that pays old participants from the money of the new participants they recruit, not from real profits. This scheme is aimed at collapsing, because the revenue if any, will hurt the participants. The illegality of the scheme lies in the incurring of losses at a rate below the loss of the amount of money invested in the business. Investment business activities that apply schemes can be held criminally accountable for violating Law Number 7 of 2014 concerning Explanation of Trade Article 9. Law Number 8 of 1999 concerning Consumer Protection Article 8 paragraph (1) letters a, d, e, f, Article 9 paragraph (1) letters c, e, j, k, Article 10, Article 13 paragraph 1, Article 15, and Article 17 paragraph (1) letters a, b, c, d. Regulation of the Minister of Trade Number 70 of 2019 concerning the Direct Distribution of Goods Article 21 letter k, Law Number 21 of 2008, Article 59. Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking Article 46. ​​​​Law Number 8 of 1995 concerning Capital Markets Article 103. Article 378 of the Criminal Code concerning fraud.

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