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Achmad Faiz
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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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INDONESIA
JHR (Jurnal Hukum Replik)
Published by Universitas Muhammadiyah Tangerang
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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Legal Protection For Bank Customers In The Use Of E-Kyc In Opening New Accounts Online As A Form Of Digital Financial Innovation (Study At The Jakarta Head Office Of The State Savings Bank) Hutabarat, Jenrico Louis; Sunarmi, Sunarmi; Sukarja, Detania; Andriati, Syarifah Lisa
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.v12i2.13717

Abstract

This research examines the function of E-KYC in Indonesian banking, the responsibility of banks to protect customers' personal data, and the form of data protection at BTN Jakarta Head Office, using analytical descriptive normative legal methods with a statutory approach. POJK Number 23/POJK.01/2019 allows customer verification through electronic means to replace direct meetings, where E-KYC is implemented as Customer Due Diligence which includes electronic identification, verification, and monitoring. The E-KYC organizing bank is required to meet the aspects of security, interconnectivity, system compatibility, technical support, and guarantee of service sustainability to be registered as a PSE, with sanctions from warnings to license revocation if negligent, as has been applied by BTN Mobile, which is registered as a domestic private PSE with international standard security technology to bridge the principle of knowing the customer and the right to privacy.
Banking Default Not Disburse Deposits Of Deceased Customers Analysis Of Decision No. 201/PDT.G/2018/PN MDN Febrianto Lubis, Yudhi; Sembiring, Rosnidar; Lisa Andriati, Syarifah
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13813

Abstract

This research examines the issue of banks refusing to disburse joint deposits by analyzing Medan District Court Decision Number 201/Pdt.G/2018/PN Mdn through a normative juridical approach. The main findings indicate that the absence of explicit regulations in legislation regarding banking authority in disbursing joint deposits causes banks to implement varied internal policies. In the case studied, the bank refused disbursement due to incomplete requirements and unclear legal relationship between the plaintiff and the deceased customer, although heirs should legally receive protection as consumers of banking services. This research highlights the importance of clearer regulations to protect customer interests in banking transactions
International Humanitarian Law Amid The Gaza Crisis: Power Asymmetry, Civil Violations, and Global Accountability Imbalance Komarudin, Dedi; Kismanto, Totok Prio; Susilo, Tarsisius; Budi, I Ketut Setia; Iskandar, Yulian
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13967

Abstract

The Israel–Palestine conflict is one of the longest-standing conflicts that has drawn significant international attention, especially concerning the application of International Humanitarian Law (IHL). This article aims to analyze the dynamics of implementing core IHL principles, such as the principles of proportionality, distinction, and the protection of civilians, in the ongoing armed conflict in the Gaza Strip and West Bank. Through a qualitative approach with document analysis of official reports from the UN, ICRC, and international NGOs, various violations of IHL norms were identified, which had a significant impact on civilians, including attacks on medical facilities, schools, and restrictions on humanitarian access. Additionally, this article highlights enforcement challenges, such as politicization at the UN Security Council and the weakness of international sanctions mechanisms. The findings underscore the importance of strengthening the international legal system and the role of the global community in promoting accountability and civilian protection. This article is expected to contribute academically to contemporary discussions on humanitarian law and human rights in conflict zone.Keywords: International Humanitarian Law, Israel–Palestine, Civilians, Human Rights Violations, Armed Conflict.
Criminal Responsibility for Perpetrators of Child Assault (Analysis of Decision Number 2784/Pid.B/2021/Pn Mdn) Daulay, Puspa Ainni; Sidi, Redyanto; Hasibuan, Aulia Rahman Hakim
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13908

Abstract

This paper examines the issue of criminal liability in cases of group assault resulting in child victimization, with reference to Court Decision No. 2784/Pid.B/2021/PN Mdn. Utilizing a normative juridical method and a descriptive approach, the study finds that the criminal act of violence against a child occurred within the context of a youth brawl. The analysis of the court's decision establishes that the defendant committed physical violence causing injury to the child. The court found the defendant guilty of violating Article 80(1) of Law of the Republic of Indonesia No. 35 of 2014, which amends Law No. 23 of 2002 on Child Protection, and sentenced the defendant to imprisonment. The findings underscore the necessity of effective law enforcement in cases of violence against children and call for comprehensive legal protection for child victims.Keywords: criminal liability, group assault, child violence
Notary Authority in Providing Legal Consultation Outside Of Notary Deeds: In Compliance With The Code of Ethics and Social Responsibility of Notaries Calvin, Calvin; Sinaga, Henry; Siregar, Mahmul
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14238

Abstract

This research examines the role of notaries in providing legal counseling and legal consultation as a manifestation of the social responsibility of the legal profession. Using normative juridical research methods with descriptive analytical approaches that rely on secondary data and literature study techniques, this research finds that notaries have a strategic role in creating legal awareness in society through legal counseling that is collective, preventive, and educative, as well as legal consultation that is individual and curative. However, the research results show that there is normative ambiguity regarding notaries' authority in providing legal consultation, where formally notaries are only authorized to provide legal counseling in the context of deed preparation, but in practice they often provide legal consultation free of charge as a form of social responsibility. This research concludes that clearer and more definitive regulations are needed to provide legal certainty regarding the limits of notaries' authority in providing legal consultation, so as to strengthen the position of notaries as public servants in the field of law without violating professional ethics.Keywords: Notary, legal consultation, notarial deed.
The Legal Psychology Approach in Handling Juvenile Delinquency (An Analysis of the Causes of Legal Violations Among Juvenile Offenders at the Cileungsi Social Institution) Ulwan, Muhamad; Fuad, Fokky; Machmud, Aries
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13685

Abstract

The changing times and the development of children significantly influence their behavior, ultimately raising concerns among perpetrators, victims, parents, and the broader community. Adolescents are particularly vulnerable to social and psychological pressures, which often affect their decisions and actions. Juvenile delinquency reflects non-compliance with prevailing rules and norms, whether within the family, school, community, or the individual themselves. Therefore, it is essential to instill these norms in adolescents from an early age to foster proper understanding. This study aims to identify adolescents in conflict with the law from the perspective of legal psychology. The research employs a normative juridical approach, with qualitative data analysis conducted through a literature review. The study involves examining, understanding, identifying, and recording literature, legislation, and relevant data concerning the issues under investigation. The findings indicate that addressing juveniles in conflict with the law requires a specific legal psychology approach to analyze the underlying causes of offenses and the contributing factors leading adolescents to become juvenile offenders.Keywords: Children, Juvenile Delinquency, Psychology in Law.
Forgery of Sale and Purchase Deeds on The Basis of Debt Receivables (Decision Study No. 10/Pid.B/2019/PN.Lbj) Rahmadhani, Sylvia; Sembiring, Rosnidar; Mulyadi, Mahmud
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13945

Abstract

In the Indonesian legal system, debt agreements that transform into ownership transfers can create serious legal problems, particularly regarding potential document forgery crimes. Generally, this issue arises when creditors unilaterally create transfer deed documents for debt collateral objects without valid consent from debtors, especially when done through public officials such as PPAT (Land Deed Making Officer) in the form of Sale and Purchase Deeds. Based on this normative legal research which analyzes various aspects ranging from the formulation of document forgery crimes in the Criminal Code, the relationship between creating land sale and purchase deeds with forgery crimes, to judicial considerations in concrete cases, it was found that perpetrators of sale and purchase deed forgery can be sentenced to a maximum of 8 years imprisonment, and to prove the existence of forgery in deed creation requires strong evidence in court proceedings, as seen in Decision No. 10/Pid.B/2019/PN.Lbj which was ultimately declared time-barred due to exceeding the prosecution time limit
Decentralization and Corruption: Policy and Legal Study on the Effectiveness of Local Financial Oversight Candra, Edi; Tjenreng, M.B. Zubakhrum
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13686

Abstract

Decentralization in Indonesia aims to enhance the autonomy and efficiency of local governments in managing finances and public services. However, in practice, decentralization also creates opportunities for budget misappropriation and corruption due to weak oversight systems. This study analyzes the effectiveness of legal policies in local financial oversight using a juridical-normative approach and compares the implementation in regions with high levels of corruption and those with more effective oversight mechanisms.  The analysis reveals that although regulations such as Law No. 23 of 2014 on Regional Government and Law No. 17 of 2003 on State Finance establish principles of transparency and accountability, their implementation faces challenges, including weak inter-agency coordination, political interference, and limited human resources. Efforts to enhance transparency through e-budgeting and e-procurement have been introduced but remain partially effective due to technical and infrastructure-related issues.  A comparative study with South Korea and Finland demonstrates that the success of local financial oversight relies heavily on the integration of digital systems, the independence of oversight institutions, and a strong culture of governance integrity. Therefore, Indonesia must strengthen regulatory reforms, optimize the implementation of more transparent and integrated digital technologies, and ensure that decentralization operates in an accountable manner without creating opportunities for corrupt practices that hinder regional development. Keywords: Decentralization, corruption, local financial oversight, legal policy, e-budgeting, blockchain.
Authority of the Commercial Court in Settling Trademark Rights Disputes Koto, Ismail; Nainggolan, Ibrahim; Rahimah, Rahimah
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14447

Abstract

Trademark rights are regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. According to Law No. 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system, in other words, to obtain legal protection for trademark rights, the trademark must be registered by its owner with the Trademark Directorate and after being officially registered in the name of the owner, a trademark certificate will be issued. Law No. 20 of 2016 concerning Trademarks and Geographical Indications, specifically in Article 21 paragraph (1) letters b and c, Article 83 paragraph (2), and reinforced by the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). Indonesia adopts a Trademark registration system with a constitutive system. This system requires trademark registration so that a trademark can receive protection, this system is also known as the first to file system. The applicable procedural law in the process of filing a dispute in the field of intellectual property rights is the Civil Procedural Law as with the civil procedural law in civil cases handled by the District Court in the general judicial body environment. The process of filing a lawsuit for an intellectual property rights dispute has been regulated through laws and regulations in Indonesia, in accordance with the provisions of the applicable law on each intellectual property right, where the lawsuit is processed through the Commercial Court
LEGAL ANALYSIS OF INHERITANCE DISPUTE SETTLEMENT FROM THE PERSPECTIVE OF CIVIL LAW AND CHINESE CUSTOMARY LAW (Study of Decision No. 54/Pdt.G/2020/PN.Mdn Jo Decision No. 22/Pdt/2021/PT MDN Decision Jo No.3539 K/Pdt/2022) Sitanggang, Yolanda Br; Sitepu, Rungtung; Sembiring, Rosnidar
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.13944

Abstract

This research analyzes the resolution of inheritance distribution disputes from the perspective of civil law and Chinese customary law through a case study of Decision No. 54/Pdt.G/2020/PN.Mdn Jo Decision No. 22/Pdt/2021/PT MDN Decision Jo No.3539 K/Pdt/2022. Using normative legal research methods, this study examines the position and rights of heirs between men and women according to the Indonesian Civil Code (KUHPerdata), which is egalitarian with equal distribution as regulated in Article 852, while Chinese customary law gives men a higher position due to their responsibility towards ancestors. The inheritance dispute in this case was resolved through litigation in court because family deliberation did not reach an agreement. The panel of judges decided on equal inheritance distribution (1/3 for each heir) based on the provisions of Article 852 of the Civil Code, ignoring Chinese customary traditions that give a larger portion to male children. This research shows that although the Chinese community can use civil inheritance law, in practice there are still conflicts between customary norms and the applicable positive law

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