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Hermeneutika : Jurnal Ilmu Hukum
Published by Universitas Swadaya Gunung Jati
ISSN : 23376368     EISSN : 26154439     DOI : http://dx.doi.org/10.33603/hermeneutika
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HERMENEUTIKA diterbitkan oleh Sekolah Pascasarjana Universitas Swadaya Gunung Jati. JURNAL HERMENEUTIKA tujuannya merupakan kumpulan karya tulis ilmiah hasil riset maupun konseptual bidang ilmu hukum dengan ruang lingkup Hukum pidana, Hukum perdata, Hukum tata negara, Hukum administrasi negara, Hukum international, Hukum masyarakat pembangunan, Hukum islam, Hukum bisnis, Hukum acara, dan Hak asasi manusia. JURNAL HERMENEUTIKA menerima tulisan dari para akademisi maupun praktisi dengan proses blind review, sehingga dapat diterima disetiap kalangan dengan penerbitan jurnal ilmiah berkala terbit setiap dua kali dalam setahun periode Februari dan Agustus dengan nomor p-ISSN 2337-6368 serta e-ISSN 2615-4439.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 201 Documents
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Legal Liability in E-Commerce Agreements through the Cash on Delivery Payment System Gusti Yosi Andri; Ayih Sutarih; Vivi Aulia Syaharanti; Endang Sutrisno
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7489

Abstract

The online sale and purchase agreement is in principle the same as the conventional sale and purchase agreement. The difference is only in the medium, where the seller and the buyer do not meet directly (face to face) and payment and delivery of goods is determined according to the agreement in the provisions of article 1458 of the Civil Code. The problem to be studied is the legal construction in online buying and selling with COD payments and the responsibilities of the parties involved in buying and selling online. The method used is a normative juridical research with qualitative descriptive analysis. The results of the study can be explained that the legal construction of online buying and selling made in an electronic contract through an electronic system is a manifestation of the agreement of the parties as formulated in Article 47 PP PSTE Number 82 of 2012. With the validity of the electronic contract, the provisions of Article 1338 of the Civil Code will apply where the agreement made is valid will bind the parties, so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely. so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely. so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN HANDLING THE CRIME OF CORRUPTION COVID-19 AID FUND Putu Ari Sanjaya; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7460

Abstract

The implementation of restorative justice (restorative justice) in the handling of corruption in the Covid-19 aid fund contained in Decision Number 8/Pid.Sus-Tpk/2021/PN.Jkt.Pst with the Defendant Harry Van Sidabukke, it can be seen that the panel of judges did not apply the concept of restorative justice. Because in its order, the Panel of Judges instead imposed a prison sentence of 4 (four) years on the Defendant. This means that the sanctions imposed by the judge still adopt the concept of retributive justice which focuses more on retaliation. The retaliation is manifested in the form of sentencing the Defendant. In addition, regarding the implementation of restorative justice in handling corruption cases of Covid-19 aid funds that need to be developed in Indonesian law enforcement, it is related to the provision of sanctions for the Defendant to focus more on recovering losses to state finances instead of focusing on retaliation. That is, in this case the application of the concept of restorative justice needs to be considered by the Panel of Judges so that the return of state losses becomes the main crime, not an additional crime. Because in the context of law enforcement in Indonesia, the restorative justice approach for corruption cases, both small-scale corruption and those that cause harm to state finances, has so far not been implemented. This is because the legal basis for the application of restorative justice for corruption cases in the internal prosecutor's office is not sufficient. This is because the current Attorney General's Regulation does not regulate corruption as a case that can be resolved through restorative justice.
RESPONSIBILITY OF BUSINESS ACTIVITIES IN ELECTRONIC TRANSACTIONS THROUGH THE INTERNET SITE VIEWING FROM THE LEGAL PERSPECTIVE OF CONSUMER PROTECTION Dwi Atmoko
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7464

Abstract

At first the internet network could only be used by the educational environment (colleges) and research institutions. Then in 1995, the new internet can be used for the public. With the application can make it easier for people to access information on the internet. After the opening of the internet for the public interest, more and more business applications have sprung up on the internet. Users of electronic systems, also known as consumers, can quickly find out about information developments in various parts of the world. By relying solely on search engines such as Google and Yahoo, electronic system users around the world have easy internet access to various kinds of information. Compared to books and libraries, the internet symbolizes the spread (decentralization), knowledge (knowledge) of information and data to the extreme. The internet can also be used by the government in providing public services. The internet is the easiest means to meet the needs of finding information that consumers want.
THE ESTABLISHMENT OF A REGIONAL BUSINESS ENTITY OF SALT (BUMD) AS AN EFFORT TO IMPROVE THE WELFARE OF SALT FARMERS IN INDRAMAYU REGENCY Riva Rachmi Kusumah
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7488

Abstract

Salt farmers in Indramayu Regency are an integral part of society, and therefore become subjects where social justice must be realized. Actually, salt farmers are still far from getting a decent life, so it can be said that salt farmers do not get justice both legally and economically. In social justice there is an understanding that the injustice that has existed so far must be addressed to the lowest point, Wealth, power and status of individuals, communities, and social goods (societal goods) and the State and Government are responsible for ensuring the basic quality of life for all citizens. that will be used in achieving this goal is to use a normative legal research method (doctrinal research) which mainly analyzes primary legal materials and secondary legal materials complemented by focus group discussions (FGD) and interviews due to their nature which focuses more on the conceptualization of ideas in the form of models, so that the results expected to be applied by policy makers. The long-term goal and specific target to be achieved from this research is to conduct a study on the suitability of the current laws and regulations for the Protection and Empowerment of salt farmers with the needs of the people in Indramayu Regency. Second, an effort to solve the problem of local salt farmers, local salt producers, through legal participation in encouraging social change in the direction required by the law.
IMPLEMENTATION OF CORPORATE CRIMINAL RESPONSIBILITY IN LAW ENFORCEMENT OF THE TRANSNATIONAL DIMENSION OF TRAFFICTING IN PERSONS Reza Mahendra; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7461

Abstract

Trafficking in persons is a modern form of human slavery (Modern Day Slavery) and is one of the worst forms of treatment for violations of human dignity. In this study, the type of research used is normative juridical research with a law approach and a concept approach. From the results of the study, it can be concluded that the use of criminal law regarding corporate criminal liability in the crime of trafficking in persons with a transnational dimension at Unit IV Sub-Directorate III of the Directorate of General Crimes of the Criminal Investigation Unit of the Police is to harmonize the legal arrangements for the criminal act of trafficking in persons charged by the public prosecutor that there are in Article 10 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the theory put forward by experts related to the elements of criminal liability and the model of corporate criminal liability. The implementation of corporate criminal responsibility in law enforcement of the criminal act of trafficking in persons with an effective transnational dimension is one whose solution prioritizes the concept of restorative justice. The concept of restorative justice is the concept of resolving a particular crime that involves all interested parties to jointly seek a solution and at the same time find a solution in dealing with events after the crime has arisen and how to overcome its implications in the future.
ACTUALIZATION OF ISLAMIC LAW IN THE SHARIA BUSINESS UNIT OF THE MAKASSAR BRANCH STATE SAVINGS BANK M Husni Ingratubun
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8339

Abstract

This research was conducted at the Sharia Business Unit of the State Savings Bank (BTN), Makassar Branch. The sample was selected purposively as many as 75 respondents. Data were analyzed descriptively using tables. The results of the study show that the low actualization of Islam in the Sharia Business Unit of the Makassar Branch of the State Savings Bank (BTN) has not gone well based on sharia principles. The position of employees in the Syariah Business Unit of the Makassar Branch of the State Savings Bank is experiencing a dilemma where in one position the Bank's employees are instructed to work based on Islamic Sharia in attracting customers while on the other hand they are given targets by management. State Savings Bank Sharia Business Unit (BTN), Makassar Branch. They will receive a negative valuation and will even receive sanctions from the management of the Makassar Branch Sharia Business Unit of the State Savings Bank (BTN) because they cannot reach the target.
JURIDICAL ANALYSIS FOR LEGAL HOLDERS OF PROPERTY RIGHTS CERTIFICATES IN CASES OF OVERLAPPING OF LAND Johannes Evan Budiman; Felix Furguson; Angie Angie
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8327

Abstract

In living in society in modern times which are increasingly developing without limits, various kinds of inventions and innovations have touched everyday life, giving rise to various problems such as the right to own land. In regulating land ownership, the state must be present to overcome concerns about injustice in the acquisition and use of natural resources by the community. The state's actions in supervising the use of natural resources are carried out by issuing a number of statutory regulations, namely Law Number 6 of 1960 concerning the Principles of Agrarian Affairs. The aim of the research is to find out how to prevent land overlapping cases that occur in people's lives. The method used in this research is to use normative juridical research which is carried out by examining library materials or secondary materials. The conclusion of this study is that preventing land overlap is by improving the performance of good land administration, especially on land registration maps.
THE ROLE OF THE VILLAGE HEAD AS A MEDIATOR IN RESOLVING LAND DISPUTES (CASE STUDY OF SIDOKUMPUL VILLAGE, KENDAL DISTRICT) Kristianto Kristianto; Fitika Andraini
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8345

Abstract

Indonesia is a country that adheres to a unitary form of government, but it is different if we look at the regional government system where Indonesia has adopted the principle of federalism as regional autonomy. Kendal Regency, geographically, some of its areas are mountainous areas, especially in the village of Sidokumpul, there are still requirements for customs in resolving land disputes. From this, Sidokumpul Village also implemented the ADR (Alternative Dispute Resolution) system. Disputes that occurred in village communities, especially Sidokumpul Village, in their settlement, the community preferred to use conflict resolution in a non-litigation way through the village head. This study uses normative juridical research, or also known as normative legalbresearchbmethod. Thebnormative juridicalbresearch methodbis library law researchbwhich is carriedbout by researching and studying literature materials or mere secondary data. The land dispute problems that occurred in Sidokumpul village during Ari Rimbawanto's 4 (four) years as Village Head could be resolved properly without having to to court, this is due to the crucial role of the village head in the settlement.
CORRELATION BETWEEN GENERAL CRIMINAL PROVISIONS AND SPECIAL CRIMINAL PROVISIONS CONCERNING THE CRIMINAL ACTION OF DEFENSE Yohanis Sudiman Bakti
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8332

Abstract

The purpose of this study is to find out how the general criminal and special criminal arrangements regarding the criminal act of defamation. This research uses an empirical juridical approach. The juridical approach is used to analyze various laws and regulations related to the implementation of the criminal defamation settlement process. Meanwhile, the empirical approach is used to analyze law which is seen as patterned social behavior in people's lives that always interact and relate to social aspects. The provisions for criminal acts of defamation in the Information and Electronic Transactions Law in its implementation refer to the legal provisions in the Criminal Code Articles 310 and 311 of the Criminal Code and the Electronic Information and Transactions Act Article 27 paragraph (3), Article 45 paragraph (1). This was emphasized because it was the result of an amendment to the provisions of Article 27 paragraph (3) which was considered by some people to be a rubber article because it was not accompanied by an explanation of the article regarding the measure of being said to be defamation.
REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD Saparuli Saparuli; Punta Yoga
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8322

Abstract

After the Decision of the Constitutional Court Number 14/PUU-XI/2013, ordered the General Election and Pilkada to be carried out simultaneously. since then simultaneous regional elections nationally and all aspects of its implementation have begun to be established in stages, based on Article 201 of Law no. 10 of 2016 will be implemented in 2024. This is the basis for legitimacy for the central government to appoint acting regional heads in taking control of local government. As a consequence of the implementation of the simultaneous local elections in 2024, there will be a vacancy in the post of Regional Head whose term of office expires in 2022 and 2023. Filling in positions is an important element in constitutional law. Without being filled in by officials, the functions of the follow-up position may be carried out as they should. The government needs to consider making implementing regulations, the mechanism for appointing Acting (Pj) regional heads and their authority is clear so that the appointment of these officials does not ignore democratic principles and at the same time provides guarantees for the community. This research is to find out the mechanism for the appointment and authority of Acting (Pj) Regional Heads during the simultaneous local election transition period. Normative legal research methods using statutory approaches (Statute Approach) and conceptual approaches (Conceptual Approach). The results of the study show that the Acting (Pj) is the definitive replacement for the regional head when there is a vacancy in the positions of the regional head and deputy regional head simultaneously during the simultaneous Pilkada transition period. The Acting Governor is appointed by the President through the proposal of the Minister of Home Affairs while the Acting Regent/Mayor is determined by the Minister of Home Affairs.

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