cover
Contact Name
Achmad Faiz
Contact Email
Jhr74201@gmail.com
Phone
+628577662255
Journal Mail Official
achmadfaiz8@gmail.com
Editorial Address
Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
Location
Kota tangerang,
Banten
INDONESIA
JHR (Jurnal Hukum Replik)
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic law, administrative law, agrrian law, medical law and interconnection study with Legal Studies in accordance with the principle of novelty
Arjuna Subject : Ilmu Sosial - Hukum
Articles 145 Documents
The Role of Village-Owned Enterprises (Bumdes) in Achieving a Green Economy through Waste Banks in Transforming Waste to Diesel Energy Santoso, Bagus Teguh; Ismail, Ismail; Azizah, Anisa Kurniatul; Adha, Fajar
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10582

Abstract

In the effort to manage waste, waste processing is frequently handled by larger groups or stakeholders with substantial capital. Therefore, this scholarly work proposes the independent processing of waste using financially accessible equipment. This initiative is grounded in waste mitigation efforts commencing early at the village governance level, acting as collectors and managers of waste. This concept aligns with the elevation of economy based on green economics, considering the global Sustainable Development Goals (SDGs) program. The implementation of this concept yields a dual impact, strengthening the village economy through BUMDES while simultaneously mitigating environmental pollution resulting from poorly managed waste. This research utilizes a normative method with statutory, conceptual, and field approaches. This study is tested in Balun Village, Turi Sub-district, Lamongan Regency, East Java Province, through collaboration between the Village-Owned Enterprise "Sumber Mandiri" and Bhayangkara University Surabaya. In its implementation phase, the primary objective is to create a Waste Bank as a platform for sourcing main raw materials from waste to produce alternative fuel as a substitute for diesel. The subsequent step involves waste processing through integrated distillation and pyrolysis machines.Keywords: Bumdes, Waste Management, Green Economy
Instream Flow Rights for Protecting River Ecology in Nigeria's Bitumen Zone: Learning From Uganda's Experience Akinsulore, Adedoyin Olusegun; Adejumo, Oluwadamilola Adebola; Aidonojie, Paul Atagamen
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11142

Abstract

Water is a vital resource essential for the survival of humans, animals, and ecosystems. Its inclusion in the Sustainable Development Goals (SDGs) underscores its importance. Effective management and regulation of water resources are critical for achieving development across key sectors. However, freshwater scarcity is an increasing concern, particularly with the high water consumption involved in bitumen mining and production. This study employs a hybrid research method to assess water resource regulation in Nigeria and Uganda. A total of 226 questionnaires were distributed to respondents in Nigeria, and the data was analyzed using descriptive and analytical techniques. The findings reveal a lack of a robust legal framework regulating water usage in bitumen mining in Nigeria, in contrast to Uganda, where more comprehensive water regulations exist. The study further concludes that unregulated water withdrawals for bitumen production in Nigeria threaten the achievement of SDG 6.4, which focuses on sustainable water use. To prevent ecological disasters and ensure the sustainability of freshwater ecosystems in Nigeria's bitumen belt, the study recommends strengthening existing legal and institutional frameworks to guarantee instream flow and sustainable water use in mining activities, drawing from the experiences of countries like Uganda.Keywords: Bitumen, Freshwater, Instream Flow, Mining, Sustainable Development Goals, Water Management
The Existence of the Customs of the Kingdom of Sumedang Larang Padjajaran in the Indonesian Constitution Penanjung, Rd; Nursyamsudin, Nursyamsudin; Syafrida, Syafrida
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.9969

Abstract

Indonesian Customary Law as part of the legal system that has been in force since the Indonesian nation existed is indeed a very valuable scientific wealth because it is excavated and rooted in the socio-culture of the people in Indonesia. The existence of customary law communities in Indonesia is protected by the 1945 Constitution. Customary law community is a society that grows and develops in a social environment. The formulation of the problem, how is the existence of customary law of the Kingdom of Sumedang Larang in the state of Indonesia   and what are the constraints on the implementation of customary law of the Kingdom of Sumedang Larang in the state of Indonesia. The approach used in this study is cocentric and statutory approach. Juridical research uses data from literature research. Conclusion: Inaccordancewith the customary law of the Kingdom of Sumedang Larang in  the Indonesian state administration,  that the Constitutional Rights of the  1945 Constitution are the basic basis for the law that guarantees justice from the decision of the Constitution  Sumedang in 1955 concerning the Decree of Peace and the Letter of Settlement and Acceptance with permanent legal force, was realized with the Sumedang Rukun Wargi Association in Indigenous Peoples with aims and objectives. Constraints  on the implementation of customary law of the Kingdom of Sumedang Larang  in the Indonesian statecraft, reform of the  development of customary law both in rules and laws have not been integrated and have an impact on the division of the nationKey words: Custom, Sumedang Kingdom, Constitution
Legal Protection Of Concurrent Creditors Due To Postponement of Debt Payment Obligations During The Covid-19 Pandemic Adli, Muhammad; Eddy, Triono; Ramlan, Ramlan
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.8973

Abstract

The rights of concurrent creditors in the decision to postpone debt payment obligations during the COVID-19 pandemic. To know and analyze the rights of concurrent creditors in determining the vote for extension and peace after the postponement of debt payment obligations during the COVID-19 pandemic. To find out and analyze the obstacles and legal protection efforts against concurrent creditors due to the postponement of debt payment obligations during the COVID-19 pandemic. Problem formulations for this journal are; How are the rights of concurrent creditors in the postponement of debt payment obligations during the Covid-19 pandemic?, How are the rights of concurrent creditors in determining the extension vote and peace after the postponement of debt payment obligations during the Covid-19 pandemic? and What are the obstacles and legal protection efforts against concurrent creditors due to the postponement of debt payment obligations during the COVID-19 pandemic? This research is normative legal research accompanied by supporting data. The research data was collected through a literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the rights of concurrent creditors in the decision to postpone debt payment obligations during the Covid-19 pandemic are based on the theory of positive law put forward by John Austin, namely in Article 222 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Second, The rights of concurrent creditors in determining the extension vote and peace after the postponement of debt payment obligations during the Covid-19 pandemic. Third, Obstacles to legal protection of concurrent creditors due to the postponement of debt payment obligations during the Covid-19 pandemic, namely the absence of funds for the costs of managing and administering postponement of debt payment obligations, uncooperative bankrupt debtors, and debtors selling/hiding their assets before being declared bankrupt. Legal protection efforts against concurrent creditors due to the decision to postpone debt payment obligations.Keywords: legal protection, concurrent creditors, postponement of debt payment obligations
Rethinking Mass Media as The Fourth Pillar of Democracy in Indonesia Karman, Karman; Mudjiyanto, Bambang
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.12554

Abstract

Indonesia, as a democratic nation, traditionally relies on its executive, legislative, and judicial institutions, along with the mass media, which has often been regarded as the fourth pillar of democracy. However, this research challenges the perception of mass media as an independent pillar. By analyzing Indonesia's shifting media landscape, drawing from a wide range of sources—including academic studies and examinations of media mogul influence in politics—this study identifies a significant change in the relationship between mass media and democratic governance. Our findings suggest that mass media has become entangled with political oligarchies, leading to a homogenization of news content and a prioritization of political agendas over democratic principles. In contrast, we observe that new media platforms, such as Twitter and various websites, have emerged as spaces for public political activism, particularly evident during key democratic events like the 2019 presidential election. Therefore, we advocate for a more comprehensive understanding of media's role, encompassing not just traditional mass media but the entire media ecosystem that sustains democratic governance.Keywords: Media Landscape, Media’s Role, Political Activism, Societal Values
Comparation of Presidential Institutions Between Indonesia and South Korea Harahap, Roosdiana; Sodikin, Sodikin
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.9865

Abstract

This study involves a comparison aimed at identifying the similarities and differences in the government systems of the Republic of Indonesia and the Republic of Korea, with a specific focus on the presidential institution. The objective of the study is to compare the key features of these two systems. The research utilizes a comparative method, which involves examining the differences between two or more groups by analyzing various variables (research objects). The findings reveal that the presidential institutions of Indonesia and South Korea share similarities, particularly in the roles of the President as both Head of State and Head of Government, as well as in the process of electing the President. A notable difference lies in the officials who assist the President: in Indonesia, it is the Vice President, while in South Korea, it is the Prime Minister. However, the functions, duties, and authorities of these roles differ significantly. Both countries also share a common approach to filling the presidential office, as Presidents are elected through general elections. Additionally, the mechanism for terminating the President’s office is similar, as both countries utilize impeachment, though the processes and institutions involved in the impeachment procedure differ.Keywords: Comparison, Presidential Institution, Republic of Indonesia, Republic Of Korea, Presidential System
Juridical Review of the Criminal Act of Corruption in Selling Subsidized Fertilizer to Unauthorized Recipients According to the Definitive Plan for Group Needs by Subsidized Fertilizer Retailers (Case Study in Karo Regency) Sitepu, Deni Randa; Siregar, Mahmul; Alsa, Abdul Aziz
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.12838

Abstract

This study examines the problem of misuse of subsidized fertilizers in Indonesia, especially in Karo Regency, with a focus on the distribution mechanism, the application of elements of corruption, and legal protection for disadvantaged farmers. Using a descriptive empirical legal research method, this study found that the distribution of subsidized fertilizers is regulated by Permentan No. 10/2022 and Permendag No. 04/2023, with sales by retail kiosks to unauthorized parties categorized as a criminal act of corruption based on Law No. 31/1999 in conjunction with Law No. 20/2001. Legal protection for disadvantaged farmers includes the right to report cases, file civil lawsuits, and obtain legal assistance from the government. This study concludes that although the distribution mechanism is strictly regulated, irregularities still occur, so that system improvements and stricter law enforcement are needed to ensure that subsidies are on target and protect farmers' rights
The Voice of Youth in Democracy: An Analysis of Generation Z's Engagement in the 2024 Regional Elections Asmawi, Muhammad; Devi, Lathifah Sandra
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.13274

Abstract

This study aims to analyze the involvement of Generation Z in the organization of the 2024 Regional Elections in Serang Regency, focusing on their participation as members of the District Election Committee. Generation Z is known for its unique characteristics in political and democratic participation, marked by a strong desire to contribute to social change, particularly through electoral engagement. Data reveals that 45% of District Election Committee members in Serang Regency come from Generation Z, indicating their significant interest in the democratic process. Their involvement not only enhances transparency and accountability but also introduces fresh and dynamic perspectives that enrich local democracy. However, Generation Z faces various challenges, including a lack of comprehensive political education and limited understanding of election regulations. Despite these challenges, their high motivation, supported by broad access to information through social media and community backing, drives their active participation. Moreover, training provided by the government and election organizers improves their technical skills in fulfilling their roles. In conclusion, with proper support, Generation Z holds great potential to contribute to more transparent, accountable, and participatory elections in Indonesia.Generation Z, Civic Participation, and the 2024 Elections
RESOLUTION OF DISPUTES IN APPLICATIONS FOR POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS BY EMPLOYEES AGAINST COMPANIES FAILING TO FULFILL THEIR OBLIGATIONS (A Case Study of Decision Number: 20/Pdt.Sus-PKPU/2019/PN.Niaga.Mdn) Aziz, Muhammad Fauzan; Sunarmi, Sunarmi; Siregar, Mahmul; Robert, Robert
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.12839

Abstract

This research examines the use of Postponement of Debt Payment Obligations as an alternative mechanism for resolving disputes between employees and companies that fail to fulfill employees' normative rights. Using a normative legal research method and qualitative analysis, the study explores the legal framework for filing Postponement of Debt Payment Obligations, the dispute resolution process in the Commercial Court, and an analysis of Decision Number 20/Pdt.Sus-PKPU/2019/PN.Niaga.Mdn. The findings demonstrate that Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations provides a legal mechanism for employees to claim their rights. The Postponement of Debt Payment Obligations process includes debt verification, creditors' meetings, and reconciliation efforts. The analyzed decision highlights the effectiveness of Postponement of Debt Payment Obligations in resolving disputes, resulting in the full payment of employees' rights while giving companies an opportunity to fulfill their obligations. This suggests that Postponement of Debt Payment Obligations can serve as a fair and efficient solution for safeguarding employees' rights.Keywords: Dispute Resolution, Application for Postponement of Debt Payment Obligations, Employees, Companies
Elections in Baduy Land Harmonizing Democracy with Indigenous Wisdom Furqon, Wahyul
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.10857

Abstract

The 2019 election was a strategic moment in Indonesian democracy, particularly with the implementation of simultaneous elections encompassing the selection of the President and Vice President, as well as members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council. In the context of human rights, elections serve as a means of fulfilling the political rights of all citizens, including indigenous communities such as the Baduy. However, the electoral process within this indigenous community faced challenges stemming from differences between national law and customary law. Several key obstacles in organizing elections in the Baduy community included the rejection of electronic Identity Card registration, restrictions on election socialization and campaigning, the determination of polling station locations based on customary spiritual guidance, the prohibition of electricity usage during the voting process, and limited education affecting the recruitment of polling station officers.  Efforts by electoral organizers, such as the General Election Commission, the Election Supervisory Agency, and the National Commission on Human Rights, to safeguard the political rights of indigenous communities were conducted through a deliberative approach with indigenous leaders. Several compromises were reached, including voter registration based on village records without requiring electronic Identity Card ownership, the distribution of polling stations across 12 locations to improve accessibility, and the use of emergency lighting for vote counting. Meanwhile, challenges in limited education affecting the recruitment of polling station officers recruitment were addressed through a hybrid system that included both Baduy Luar (Outer Baduy) community members and non-Baduy individuals to meet the required administrative and literacy standards. The implementation of the 2019 election in the Baduy indigenous community demonstrated that electoral law can be applied flexibly while still respecting indigenous values without disregarding the principles of inclusivity and non-discrimination. Through a dialogue-based and compromise-driven approach, the election was conducted smoothly, achieving a participation rate of 70%, an increase from the 2018 local election. This electoral model, which respects local wisdom, can serve as a reference for ensuring the political rights of other indigenous communities in Indonesia. Keywords: 2019 Election, Baduy indigenous community, electoral law, political rights, customary law, discrimination, political participation.