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JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

MJN
Website

Published by Universitas Islam Nusantara

ISSN : 20858884 EISSN : 28295889 DOI : https//doi.org/10.30999

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 7 Documents

Search results for , issue "Vol 8, No 2 (2018): September 2018" : 7 Documents clear

Hoax dalam Perspektif Hukum Indonesia Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The massive use of social media to share information that is not accompanied by adequate media literacy can be a serious threat to the Indonesian nation if the shared information is containing slander messages, fake news, hate speech, provocation, SARA sentiment. The hoax is a negative opinion contain slander and others, can lead to a riot, a clash, insecurity feeling, fear, ruined one’s reputation and material lost. The problems relate to Hoax in the perspective of Indonesian law about how is hoax regulated in Indonesian law and also its legal liability. This research uses normative legal research methods using a normative juridical approach. The normative juridical approach is conducted by examining and analyzing secondary data in the form of primary, secondary, and tertiary legal materials. Based on the research, it is found that in Indonesia there is differences regulation in legislation which become legal protection for handling hoax as indicated by the existing of the legislation that regulates a criminal act with different qualification and different legal threats. There is confusion as to which legal rule to use, whether the positive rule (Criminal Code) or a rule that specifically regulates the criminal acts committed in the cyberspace, in other words, sui generis. It is necessary to make efforts to find a comprehensive legal concept that can resolve the hoax.

Perlindungan Hukum Terhadap Pernikahan Dibawah Tangan Dengan Wali Penghulu Berdasarkan Hukum Islam Yang Berlaku Di Indonesia (Studi Kasus Penetapan Pengadilan Agama Sukabumi Nomor: 0020/Pdt.P/2012/Pa.Smi.) Ajang Nurjaman
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Marriage for Indonesian people is a phenomenon that is different from various aspects of life. Marriage can be used. Marriage can also be seen from various realities. Keywords: socio-cultural aspects, marriage. In addition, there are also activities mentioned between goods and services. One of the legal requirements of a marriage according to Islam is the existence of a marriage guardian. By these matters the problems referred to are as follows: (1) How is the marriage guardian regulated according to Islamic law in Indonesia? and (2) what legal action can be taken by a husband and wife who request that their marriage be refused because of their marriage guardian? The objectives of this thesis research are: (1) to find out how the marriage guardian is determined according to Islamic law in Indonesia, and (2) to find out what legal actions can be taken by the husband and wife whose application for marriage is dropped because of his marriage guardian The research methods used in this study are normative juridical research methods, using pragmatic truths where something is true if the truth can be proven. This research thesis uses primary legal material in the form of secondary data which is qualitative in nature which is a descriptive description of words and does not use numbers The results of this thesis research are: (1) the guardian of marriage according to the religion of Islamic law basically consists of: (a) guardian of the court, (b) the guardian of the judge. And (c) muhakkam guardian. Whereas in the customary regulations in Indonesia, the marriage guardian consists of: (a) the guardian of the court, and (b) the guardian of the judge. Thus the guardian of muhakkam which is recognized for its existence in Islamic law, at the meeting there are no rules in the wedding invitation rules in Indonesia, and (2) legal actions that must be carried out by a married couple who are not recognized by their marriage are: (a) remarriage , (b) seek legal appeal, or (c) make an effort to review.

Analisis Penerapan Sanksi Terhadap Pegawai Negeri Sipil Terkait Dengan Penggelapan Barang Persediaan Milik Negara Berdasarkan Hukum Penyelenggaraan Negara (Studi Kasus di Rumah Tahanan Negara Klas I Bandung) Indra Ganjar Nugraha
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Essentially organizing the task of the Indonesian state government for the welfare of its people is carried out by providing services to the community. The services in question can be direct or indirect, carried out alone, or submitted to other parties. The administration of daily government is carried out by a [government paratur which is currently known as the State Civil Apparatus (ASN). In carrying out its duties and functions to provide services to the community, the State Civil Apparatus must submit and comply with the prevailing laws and ethics in carrying out their duties and functions. Based on this thought, the identification of the research problem was formulated as follows: (1) Are civil servants who have been subjected to sanctions for compensation and other administrative sanctions for the same mistakes can they be asked for criminal liability? and (2) How is the handling of the problem of inventory items internally related to the applicable regulations? The objectives of this study are: (1) to be able to find out whether civil servants who have been subject to sanctions for compensation and other administrative sanctions for the same mistakes can be asked for criminal liability, and (2) in order to illustrate how to handle the problem solving of goods supply internally related to the prevailing laws and regulations.This thesis research uses normative legal research methods or library research because this research places secondary data as primary legal material. Normative legal research is qualitative where the data used is not in the form of numbers, but is a description of words in a sentence.The results obtained from this thesis research are: (1) Civil Servants who have been subjected to sanctions for compensation and / or other administrative sanctions for the same mistakes can also be asked for criminal liability, and (2) handling the problem of supply items (procurement problems rice) that occurred in Bandung's Jail Class I was based on law, but not in accordance with all applicable laws and regulations.

Implementasi Pasal 10 Ayat (1) Jo Pasal 5 Ayat (1) Undang-Undang Nomor 48 Tahun 2009 Tentang Kekuasaan Kehakiman Yang Mewajibkan Hakim Untuk Menemukan Hukum Dikaitkan Dengan Putusan Mahkamah Konstitusi Republik Indonesia Nomor 46/PUU-XIV/2016 Susiana Soeganda
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

On December 14, 2017, the Constitutional Court declared Court Decision Number 46/PUU-XIV/2016, which rejected the petition for judicial review of Article 284, Article 285 and Article 292 of the Criminal Code for all submitted by the Petitioners. Consideration of Decision of the Constitutional Court Number 46/PUU-XIV/2016 which refused the application, one of which is that the Constitutional Court can not necessarily surpass its authority. The expansion of criminal law norms or criminalization is not the domain of the Constitutional Court's authority, but the legislators (DPR and President). Based on such background, this thesis would discuss: How to implement Article 10 paragraph (1) in conjunction with Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power which requires judges to find law related to Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016, Dated December 14 2017 ?, and what is the impact after the issuance of Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016, Date December 14, 2017? Specifications research was descriptive, with a normative juridical approach, a method in normative legal research used primary sources of secondary data, and it was carried out in one phase, namely the research literature, which was supported by interviews, and used collection techniques data, then after the secondary data including other supporting data,were inventoried, they analyzed by normatives-qualitative. As a result, the writer research found out that: The inconsistency of the five constitutional judges, as if limiting themselves to the concept of judicial restraint, and unwilling to make legal discovery or create a new law in the form of interpretation, because the Constitutional Court is positioned as a negative legislator, therefore Article 10 paragraph (1) jo Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power which requires judges to find law related to Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 has not been applied consistently, and Decision of the Constitutional Court Number 46/ PUU-XIV/2016 on December 14, 2017, declaring rejection of the petition for the amendment of the Criminal Code relating to the regulation of moral crime in Article 284 of the Criminal Code, Article 285 of the Criminal Code and Article 292 of the Criminal Code, for one reason in its consideration. The Constitutional Court could not automatically surpass its authority. The expansion of criminal law norms or criminalization was not the domain of the Constitutional Court's authority, but the legislators (DPR and President) authority, would certainly have the effect of giving loopholes and spatial debates in the discussion of the Draft Law on Penal Law currently being discussed in Parliament (DPR), whether obscene acts, both by and against same sex might be criminally or not in the Unitary State of the Republic of Indonesia, whose population is predominantly Muslim.

Implementasi Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Dalam Tindak Pidana Narkotika Berdasarkan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Saepudin Saepudin
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The crime of abuse of narcotics by civil servants is not only a serious violation of the State apparatus's disciplinary regulation but also a serious criminal offense, which should have been processed through the general court, but in fact there are some cases of criminal narcotics abuse whose punishment did not provide deterrent effect to other civil servants.This study aims to determine the implementation of Law Number 5 of 2014 concerning State Civil Apparatus to Civil Servants Who Conduct Criminal Acts, as well as legal actions that can be carried out by agencies against civil servants who are proven to commit criminal acts of narcotics abuse. The method used is descriptive analysis method with a normative juridical approach, analytical descriptive is research that describes applicable laws and regulations associated with legal theories and the practice of implementing positive law concerning issues. The results of this study indicate that the application of law to civil servants who commit narcotics crimes that is using legal remedies namely the perpetrators of narcotics crimes must be processed by law based on Law Number 35 of 2009 concerning Narcotics. While civil servants as criminal offenders are dishonorably discharged based on Article 87 of Law Number 5 of 2014 concerning State Civil Apparatus. Efforts to implement the law are carried out in a preventive manner, namely using legal remedies where perpetrators of narcotics crimes must be processed by law based on Law No. 35 of 2009 concerning narcotics. As for countermeasures so that other civil servants are not tempted to commit disciplinary violations, especially in narcotics crime violations, preventive measures are carried out in the form of prevention by conducting intensive guidance to civil servants by means of socialization and counseling about the dangers of narcotics and adverse impacts. from drug abuse.

Pengalihan Status Kepemilikan Wakaf Dibawah Naungan Yayasan Berdasarkan Undang Undang No. 41 Tahun 2004 Tentang Wakaf Dan Undang Undang No. 16 Tahun 2001 Tentang Yayasan Menjadi Aset Pribadi Dalam Perspektif Kompilasi Hukum Islam Misna Misna
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The existence of the Foundation in managing Wakaf should play a very important social economic role in Islamic history, waqf serves as a source of funding for the economic interests of the people such as educational, religious, health and other public facilities. Based on this, the purpose of this study is to know and understand the ownership status of Foundation assets in the form of waqf which were initially managed for the benefit of the people or the community into personal assets, and to know and understand the existence of Wakaf managed by the Foundation in Indonesia. Therefore the research that will be elaborated can be identified as how should the ownership status of Foundation assets in the form of Wakaf so that it is truly managed for the benefit of the people should not become a personal asset and know how the Wakaf is managed by the Foundation in Indonesia. Research applies normative legal methods (juridical research), namely research that examines legal issues from the point of view of law in depth to the established legal norms. Analytical descriptive research specification method. The study found, first, the ownership status of Foundation assets in the form of Wakaf which was initially managed for the benefit of the people or the community into personal assets must be returned to the original owner, namely the Foundation's assets , with intensive and continuous supervision so that Wakaf managed by the Foundation is the existence of waqf that can really be optimized for the welfare of the people or the community as a whole and complex, not making Wakaf as a tool for the personal and group interests of certain foundations.

Tinjauan Umum Yuridis Teoritis Peranan Regulator Jasa Keuangan Atas Penerapan Prinsip Prudential Banking Terhadap Produk Peer To Peer Lending Pada Aplikasi Financial Technology Dalam Rangka Perlindungan Hukum Pemberi Pinjaman (Kreditur) Dan Penerima Pinjaman (Debitur) Fontian Munzil
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The national vision of financial inclusive has been formulated in order to realize a financial system that can be accessed by all levels of society with the aim of encouraging national economic growth in the micro and small enterprises segment. The implementation of digital financial services, namely financial technology with peer to peer lending features is a form of information technology-based money lending services. The author will conduct research, first, how is the application of the principle of prudential banking to peer to peer lending products on the application of financial technology? second, how far can the role of the financial services regulator reach the legal protection of creditors debtors for the delivery of peer to peer lending services in the application of financial technolog? This study uses a normative juridical approach in accordance with the field of legal studies. Assessment is carried out on legal principles which are the research of philosophical aspects because the legal principle is an ideal element of law and legal norms contained in the laws and regulations. The data collection technique is library research to collect problem references as well as legislation according to the problem being studied. Data obtained from secondary data using primary, secondary and tertiary legal materials. The research specification is descriptive analysis to provide data as accurately as possible and all data collected has been analyzed qualitatively juridically and described analytically descriptively. The study found that, first, the application of the prudential banking principle of peer to peer lending products in the application of financial technology was not optimal, second, regulators have not optimally regulated the relationship of asymmetry between lenders and loan recipients, the amount of loan interest rates, guarantee of non-performing loans, confidentiality of loan recipient data related to collection of non-performing loans, track record of loan recipients, suspicious transaction reporting for financial technology business entities and status/form of financial technology business entity including portion of ownership by foreign parties in financial technology lending providers.

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Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

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+628122416324

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sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sukendar

Contact Email spsilmuhukum@uninus.ac.id

Phone +628122416324

Journal Mail Official sukendarsps@uninus.ac.id

Editorial Address Jl. Soekarno - Hatta No. 530, Bandung

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA