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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 105 Documents
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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.
Legal Practice of Child Adoption in The Community of Langsa City Zulfikar, Zulfikar; Wahyudani, Zulham; Rahman, Aulia
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.265

Abstract

The legal practice of adopting children carried out by some people in Langsa City also causes ambiguity in the process of making birth certificates, which is stated in Presidential Decree Number 25 of 2008 Article 87 Paragraph 2 concerning Requirements and Procedures for Population Registration and Civil Registration. After researchers conducted initial research on employees at the Population and Civil Registration office, they said that civil registration can only process birth certificates for adopted children if there is a court order, and so far no one has regulated otherwise.This type of research is Descriptive Analytical research, namely research that can provide an overview or explanation of the results obtained through data obtained from the field regarding several cases of child adoption in Langsa City. Therefore, the urgency of carrying out this research by the researchers themselves is to provide legal certainty and facts that actually occur regarding the requirements for making a birth certificate for an adopted child as a mandatory requirement that has been regulated in the Presidential Regulation in registering an adopted child.
Optimizing Mediation as An Effort to Settle Marital Disputes in Court Akhmad Kamil Rizani; Muchimah, Muchimah
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.266

Abstract

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture. Keywords : Optimization, Mediation, Marriage Dispute
Regulation and Significance of Sharia Economic Dispute Resolution in Religious Courts Suhendar, Heris; Janwari, Yadi
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.267

Abstract

Religious courts have a function as actors of independent judicial power at the first level to administer justice to uphold law and justice. To carry out their functions, religious courts are given the duty and authority to examines, decide and resolve cases at the first instance between people of the Islamic faith, one of which is in the field of sharia economics. The urgency of this research is to explain and analyse the implementation of Radbruch's legal objectives in the trial process, so as to produce a fair and certain court decision. Therefore, this research aims to examine the regulation and significance of the settlement of sharia economic disputes in the Religious Courts. This research is a doctrinal research that examines the law conceptualised as a rule, using conceptual approaches and legislation. The results of the study found that: 1) the regulation of economic dispute resolution comes from legislation, customs, and jurisprudence; and 2) the significance of sharia economic dispute resolution in the Religious Courts, namely the obtaining of justice, finality / usefulness, and legal certainty for the justice-seeking community.
Exploring The Philosophy of Salam, Murabahah, and Istishna Agreements in Sharia Economic Law: Producer Protection and Economic Growth Asmawi, Zaimmudin
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.268

Abstract

This research investigates the basic ideas behind Salam, Murabahah, and Istishna contracts in Islamic economic law, as well as how they can be used to protect producers and promote economic expansion. The research reveals that Salam, Murabahah, and Istishna contracts can protect producers through prepayment mechanisms, transparency of costs and profits, and flexibility in fulfilling customer wishes. This research was conducted through an analysis of existing literature. This protection can impact economic development by assisting producers in increasing their output, encouraging innovation, and improving overall efficiency. The findings of this study significantly affect the application of Islamic economic theory and public policy, and they call for further investigation into how Salam, Murabahah, and Istishna contracts can be utilized in real-world situations.
Hacking As A Challenge for Change and The Development of Cyber Law in Indonesia Putra, Jay Sadikin Abdul Azis Mandala
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.279

Abstract

This research explores the legal provisions for hacking as a cyber crime in Indonesia with a focus on the legal framework for hacking, criminal acts of hacking, and the challenges faced in dealing with changes and developments in cyber law. Indonesia's hacking legal framework, which primarily consists of the Information and Electronic Transactions Law (UU ITE), creates an important legal foundation for dealing with hacking. However, there are shortcomings in legal provisions that must be updated regularly to keep up with technological developments and increasingly sophisticated hacking tactics. This research aims to analyze the legal provisions that regulate hacking as a cyber crime in Indonesia. This includes an understanding of relevant legislation, the implementation of the law, as well as the obstacles faced in law enforcement related to hacking. This research uses normative legal research methods. By understanding the legal framework for hacking, criminal acts of hacking, and the challenges of changing cyber law in Indonesia, this research aims to provide deeper insight into how this country faces the threat of hacking in an increasingly complex digital era. With ongoing improvements in the legal framework, increased law enforcement capacity, and better public awareness, Indonesia can be more effective in protecting its society and digital infrastructure from the threat of cybercrime.
The Phenomenon of Ghosting in The Family and The Concept of Mafqud in Islamic Law Nashrullah, Faiz; Nuruddien, Muhammad
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 2 (2023): December 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i2.282

Abstract

In recent years, a new phenomenon has emerged in society that is interesting to study, namely Ghosting. This phenomenon means the sudden disappearance of someone who is in a relationship with someone else without any previous reason or explanation. This practice is considered normal by society because it is generally carried out by young couples whose bond is limited to mutual liking and love. However, problems will arise if ghosting is carried out by couples who are already bound by a marriage contract, because it will have a more complex impact on the family. Islamic law has made provisions regarding missing persons in the concept of mafqud, although it cannot be completely equated with the phenomenon of ghosting. The type of research in this article is normative research combined with a conceptual and comparative approach. The results of this research reveal that Ghosting in the family has several similarities with couples who are mafqud or declared missing in discussions of Islamic marriage law, namely that they are both considered missing and have left the family. However, the motives and intentions of ghosting perpetrators are different from those of people who are considered mafqud in Islamic law, so the legal implications that arise between ghosting perpetrators and people who are mafqud cannot simply be equated, a more in-depth analysis is needed in studying about ghosting and mafqud
The Existence of Individual Companies As Legal Entities In Micro and Small Enterprises In Indonesia: A Review of The Problems of The Alter Ego Doctrine Salma Syakira, Kineisha; Firdaus, Nur Sa’adah; Suryanti, Nyulistiowati; Yuanitasari, Deviana
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.284

Abstract

The enactment of the Job Creation Law affects the provisions of Limited Liability Companies. The mechanism for establishing an Individual Company which is explained implicitly in the Company Law and the Job Creation Law raises issues related to the process of organ responsibility in an Individual Company which states that directors can concurrently hold positions as shareholders and vice versa. One of the problems of the presence of Individual Companies in MSEs in Indonesia is the birth of Alter Ego conditions. The solution to limit the unlimited liability of corporate organs is that the government needs to strengthen and reinforce the doctrine of Piercing the Corporate Veil for Individual Companies and provide legal certainty regarding the regulation of corporate organs in the Company Law and Government Regulation No. 8 of 2021. This article examines the existence of individual companies in the context of micro and small businesses in Indonesia. The focus of the analysis lies on the concept of the alter ego doctrine which often becomes a problem in business practice. This research utilizes a document analysis approach and literature study to explore the legal and practical implications of the alter ego doctrine on individual companies in Indonesia. The analysis shows that the alter ego doctrine has a significant impact on the personal liability of micro and small business owners. The implications of these findings are discussed in the context of business regulation and legal protection for micro and small business owners in Indonesia.
Analysis of The Impact and Dynamics of Gratification In The Practice of State Administrative Law Irawan, Taufik; Yanto, Yanto
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.290

Abstract

The practice of gratification, which involves receiving rewards or gifts by state administrative officials, can undermine the foundations of good governance principles. The implications of gratification practices can damage the government's image, reduce public trust, and affect the effectiveness of public policy. This phenomenon creates challenges in various aspects, including public ethics, public trust, and the effectiveness of legal institutions. Apart from that, the dynamics of gratification can also penetrate the administrative decision-making process. Objective considerations in decision making can be disturbed by the influence of gratification, resulting in policies that are not in line with the public interest. This opens up gaps in inequality in public services and inefficient use of public resources. The high complexity of this problem requires an in-depth understanding of the dynamics of gratification in the practice of State Administrative Law. Especially solutions to overcome the problems of awareness and ethics of state administration administrators, internal and external supervision of perpetrators of gratification, environmental conditions of work organizations and active participation from various stakeholders to prevent and eradicate can involve various parties, especially law enforcement officials, the media and the public to proactively reveal , urge and report behavior that leads to gratification. This article explores the phenomenon of gratification in the context of state administrative law practice. Through in-depth analysis, we explain the dynamics behind gratification, its impact on the effectiveness of the state's administrative legal system, and efforts that can be made to overcome this problem. Our research concludes that a deep understanding of gratification is critical to enhancing the integrity and credibility of the country's administrative legal system.
Mixed Marriages in Indonesia and Citizenship Issues: a Call for Dual Citizenship Reform For Children From Mixed Marriages Soesetyo, Setiawati
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.348

Abstract

Law No. 1 of 1974 on Marriage Article 57 defines mixed marriages as marriage between two persons who in Indonesia are subject to different laws, due to differences in citizenship and one of the parties is a foreign national and one of the parties is an Indonesian national. While mixed marriages have occurred widely in Indonesia involving two people of different origins, religious beliefs, or ethics, the issue of citizenship arises when married couples involve two people of different nationalities. Some countries in the world allow instant citizenship by marriage. The State Republic of Indonesia acknowledges single citizenship under Law No. 12 of 2006 concerning Citizenship. The main idea of this journal is to highlight the issues of citizenship of offspring from mixed marriages. While children of mixed marriages may have dual citizenship until the age of 18, what are the implications for their citizenship in the future? In the context of the state, how does the government see this as the nation’s future generation?

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