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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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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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REGULATION OF CABOTAGE PRINCIPLE TO GUARANTEE COASTAL STATE SOVEREIGNTY nurfaika ishak; Meica Prameswari; Ade Darmawan B
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.4546

Abstract

This research tries to discuss the regulation of cabotage principle that is applied in Indonesia to protecting various aspects such as defense, trade/ economy, law, and social society. The purpose of this study is to examine the factor that influence the implementation of the cabotage principle. This study used a statutory approach and a conceptual approach. The method used is the normative and empirical. The results show that the concept of state sovereignty in advancing the national economy is a factor behind the application of cabotage principle. Inhibiting factors that affect the implementation of the cabotage principle are limitation of facilities and infrastructure owned by Indonesia in implementing this cabotage principle. The results of this study are expected to be useful for the application of the Cabotage principle in the Republic of Indonesia which is one of the largest maritime countrie in the world because Indonesia has the second longest coastline in the world after Canada
GOFOOD APPLICATION USERS CONSUMER BENEFITS IN ELECTRONIC TRADE TRANSACTIONS Nizla Rohaya; Fokky Fuad Wasitaatmadja
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.5110

Abstract

This study is a form of the author's academic anxiety in observing the consumer behavior of users of one of the Gojek applications, namely GoFood, which recently, consciously, and intentionally has committed a default act of canceling the food delivery service after the GoFood driver bailed out with his own money to buy an order. consumer. This act of course caused a huge loss for GoFood drivers who incidentally are small people who are trying to make a living to meet the needs of their families. The research method used in this study is a normative research method with a statute approach as well as a case approach. The authors took both approaches because there are no rules in positive law in Indonesia that regulate the problems to be studied. From the results of the study, it was found that for acts of default by consumers who cancel orders unilaterally and irresponsibly, only civil sanctions can be imposed so that it is not enough to cause a deterrent effect for consumers who have bad intentions. So, it is time for regulators to formulate forms of criminal sanctions against consumers who knowingly and intentionally cancel orders to the detriment of GoFood drivers, as has been formulated by the Philippine government.Keywords: Gojek, GoFood, Online Drivers, and Consumers.
Mazhab Filsafat Hukum Islam: Urgensi Pengajaran Di Perguruan Tinggi Di Indonesia Saepul Rochman; Kelik Wardiono; Arief Budiono
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.4908

Abstract

This study aims to compare the teaching of the philosophy of law in Universities in Indonesia. The approach used in this article is a comparative study. The results of this study indicate that in general the teaching of legal philosophy in Indonesia is dominated by the content of the European-Western legal philosophy. This study also finds that the schools of Islamic legal philosophy comprehensively discuss aspects of ontology, epistemology, legal sources and methodologies, and legal axiology through various themes that are also studied by Western European legal philosophy without separating but placing them in certain parts. In this regard, it is necessary to add a school of Islamic legal philosophy as part of the disciplines taught by law faculties in Indonesia, especially to treat equally between the Faculty of Islamic Law and the Faculty of Western Philosophy of Law, moreover, Islamic Law is part of the Indonesian legal system.Keywords: Law, School, Teaching, University, Philosophy
POSITION AND PROTECTION OF ASSOCIATION RIGHTS SECURITY UNIT IN HUMAN RIGHTS PERSPECTIVE ACCORDING TO THE BASIC STATE LAW OF THE REPUBLIC OF INDONESIA YEAR 1945 Edi Candra; Azmi Azmi; Anne Gunawati
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.4570

Abstract

The rights and obligations in the world of labor have been regulated in the labor law, including the right of association which must be given to every worker to associate as stated in Law Number 21 of 2000 concerning Trade Unions / Labor Unions Article 28 and Article 43. In addition, problems arise when the Indonesian National Police Headquarters on behalf of the Indonesian National Police Chief through the Head of the Security Maintenance Agency issues Circular Letter Number; B/194/I/201/Baharkam concerning: Security Guards are Not Members of Trade Unions. In Article 5 of the Circular, it is stated that "in this regard, the security guard is not a member of a trade union and is not allowed to become a member of a trade union organization". Related to this, the writer will discuss about the position of the Security Unit in the perspective of human rights according to the 1945 Constitution of the Republic of Indonesia and how the protection of the right of association for the security unit in the perspective of human rights according to the 1945 Constitution of the Republic of Indonesia. The writing method that the author uses in writing this article is empirical normative, comparing a rule with the situation in the field related to the prohibition for the security unit to associate. The results of the research in this paper are that the regulation of freedom of association rights has two main objectives to be achieved, firstly human rights must be protected as basic rights, secondly there must be guarantees that the rights and freedoms of others can be carried out properly and a form of legal protection against workers in this case the security unit is an effort to fulfill human rights, where one of the important aspects of the application of a rule of law is law enforcement. A new legal instrument is said to be effective if the law can be implemented with sanctions and can be enforced if the law violates it.Keywords: Security Unit, Freedom of Association, Legal Protection 
COMFORT ZONE OF PEOPLE WITH DISABILITIES IN SOCIAL EMPOWERMENT ASPECTS BY LOCAL GOVERNMENTS REVIEWING FROM LAW NUMBER 8 OF 2016 ON PERSONS WITH DISABILITIES Shofiyatu Jahra; Firdaus Firdaus; Fathul Mu'in
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5656

Abstract

Based on the theory of the welfare state law, the State of Indonesia is a welfare law state which requires that the state is constitutionally responsible for the welfare of the general public without distinguishing normal citizens and citizens with special needs (disabled), regulated in the constitution which is the responsibility of the Central Government and Regional Governments. In the implementation of rights for people with disabilities, there are still many limitations due to a lot of factors, both internal factors (from the government) and external factors (from the family or society). Not only these two factors, a personal factor also greatly influences the implementation or failure of the implementation of the rights of people with disabilities, so much that it creates a comfort zone for people with disabilities. By using a normative juridical approach and empirical juridical approach, researching the law within the scope of library research and field studies, and using qualitative research specifications, the data analysis that the author did was qualitative data analysis-juridical analysis based on the nature of descriptive research, using primary and secondary data types. Secondary data includes primary legal materials, secondary legal materials, tertiary legal materials. The results showed that there were not a few people with disabilities who depend on their welfare to the Government with little effort to be independent and feel insecure with one weakness so they cover up their strengths and did not explore other advantages that could be found in themselves. Nowadays, we also often see people with disabilities who work as beggars and those who work as scavengers on the grounds that those professions are easier to do, and it is difficult to find work with their conditions.Keywords : Comfort Zone, People with Disabilities, Local Government
OVERVIEW OF INDONESIAN LAW AND INTERNATIONAL LAW ON TERRORISM AS AN EXTRAORDINARY CRIME Nur Rohim Yunus; Siti Romlah; Siti Nurhalimah; Latipah Nasution
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5921

Abstract

In terms of unusual crimes, terrorism is one of the most heinous acts. One only needs to look at the crimes that have been committed across national borders to recognize how devastating they can be for the victims and their families. The research method employed in this study is a combination of the Statute Approach and the Literature Approach. Since there are a variety of criminal activities that have been branded as terrorist crimes yet their perpetrators' goals and backgrounds differ, there is no agreed-upon definition of terrorism, according to a study. As an example of a crime that has been condemned as an act of international terrorism at the national level, the WTO event of September 11, 2001, and the Bali Bombing incident of 2002 come to mind. Therefore, it is imperative that all parties, including legal professionals, agree on the limitations of terrorism, as well as work together to prevent this unique crime from occurring.Keywords: Terrorism; National Law; International law; Extraordinary Crime
PROHIBITED ACTIONS FOR BUSINESS ACTORS ON CARRY OUT BUSINESS ACTIVITIES (ANALYSIS OF DOG MEAT SALES AT REGIONAL COMPANY PASAR JAYA SENEN JAKARTA) Syafrida Syafrida; Tetti Samosir; Indah Harlina; M.T Marbun
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5651

Abstract

The sale of dog meat at the Pasar Jaya Regional Company, Senen Block III, began with news circulating on social media which was revealed by Animal Defenders Indonesia. The sale has been going on for more than 6 years and every day the trader sells 4 dog meat. The sale of dog meat at the Pasar Jaya Regional Company on Senen violates the regulations for selling at the Pasar Jaya Senen Regional Company, because dog meat is one of the products that cannot be traded. The sale of dog meat violates Law No. 18 of 2012 concerning Food, because dog meat is a type of commodity that cannot be traded. In Islamic law, dog meat is a forbidden food. Law Number 33 of 2014 concerning Halal Product Guarantees, business actors in selling non-halal products must include non-halal signs on their products, which can be in the form of writing or images stating that they are not halal. Traders also violate Law Number 8 of 1999 concerning Consumer Protection, because business actors in carrying out their business activities do not provide clear information to consumers about the products they sell and do not have good intentions. The problem is what are the forms of violation of Muslim consumer rights in the sale of dog meat and the form of sanctions given to business actors. The research method used is normative research using library data. The results of the study show that the sale of dog meat is a violation of the rights of Muslim consumers because traders do not provide information that the product they sell is dog meat. The sale is carried out close to halal products, this is a violation. The sanction given by the manager of the Pasar Jaya Regional Company on Senen to traders was a warning to business actors to close their stalls. The warning is heeded by business actors by closing their stalls.Key words: Dog meat, Violation, Muslim Consumer Rights
AUTHORITY OF THE BOARD OF REGIONAL REPRESENTATIVES TO MONITOR AND EVALUATE THE DESIGN OF LOCAL REGULATIONS AND LOCAL REGULATIONS IN CONSTITUTIONAL PERSPECTIVE Restu Gusti Monitasari; Danial Danial; Fatkhul Muin
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5687

Abstract

The Regional Representative Council has 3 powers as regulated in Articles 22D, 23E and 23F of the 1945 Constitution of the Republic of Indonesia, namely the powers of Legislation, Consideration and Supervision. The authority of the Regional Representative Council is expanded and added in Law No. 2 of 2018 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council, namely in Article 249 paragraph (1) letter j related to the Monitoring and evaluation of the Draft Regional Regulations and Regional Regulations. Normative juridical research method with a statutory approach. The purpose of this research is to find out and analyze constitutionally and legal problems that arise regarding the new authority of the Regional Representative Council. Based on the 1945 Constitution of the Republic of Indonesia, the new authority of the Regional Representatives Council is in the opposite direction because it is not included in the meaning of the 3 powers of the Regional Representatives Council which is referred to as the 1945 Constitution of the Republic of Indonesia. Legal problems that arise over the authority of the House of Representatives The area is an indication of rivalry between institutions, namely the Ministry of Home Affairs, the Governor, the Supreme Court and the Regional Representatives Council itself, this can be seen juridically, namely in the 1945 Constitution of the Republic of Indonesia, Law No. 23 of 2014 concerning Regional Government, Constitutional Court Decision No.137/PUU -XIII/2015 and No. 56/PUU-XIV/2016.Keywords: Constitutional, The Regional Representative Council, Authority, Monitoring and Evaluation of Draft Regional Regulations and Regional Regulations 
CRIMINAL SANCTIONS AGAINST CRIMINAL ACTORS WITH INTENTIONAL VIOLENCE FORCES A CHILD TO CONTINUOUSLY PERFORMS SEXUAL INTERCOURSE CASE STUDY DECISION NUMBER 5/PID.SUS/2018/PN SPG AT SAMPANG STATE COURT Mohammad Mohammad; Insana Meliya Dwi Cipta Aprila Sari; Nizla Rohaya; Heriyono Tardjono
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5998

Abstract

Every child is expected to be able to assume responsibility as the next generation of the nation, therefore children receive the widest opportunity to grow and develop optimally, both mentally, physically, and socially. The formulation of the problems in this research are: First, how are the Criminal Sanctions Against Criminal Actors in Decision Number 5/PidSus/2018/PN Spg? Second, how are the Judges' Consideration Factors in Imposing Sanctions for Criminal Acts in Decision Number 5/PidSus/2018/PN Spg? The theory used in this research is the theory of punishment. The research method used in this study is the empirical legal method. The conclusion of the study: first, the defendant Mohammad Hasbi Bin H. Usman was legally and convincingly proven to have committed a criminal act of violence or violence forcing a child to have sexual intercourse with him. Second, the defendant was provided a light sentence for he regretted his actions and the actor’s age remains young, therefore he is expected to have a future.
LEGAL EFFORTS FOR A RULING OF PERMANENT LEGAL FORCE THAT CANNOT BE EXCECUTED Dewi Rayati; Firdaus Firdaus; Danial Danial
JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i1.5689

Abstract

In terms of unusual crimes, terrorism is one of the most heinous acts. One only needs to look at the crimes that have been committed across national borders to recognize how devastating they can be for the victims and their families. The research method employed in this study is a combination of the Statute Approach and the Literature Approach. Since there are a variety of criminal activities that have been branded as terrorist crimes yet their perpetrators' goals and backgrounds differ, there is no agreed-upon definition of terrorism, according to a study. As an example of a crime that has been condemned as an act of international terrorism at the national level, the WTO event of September 11, 2001, and the Bali Bombing incident of 2002 come to mind. Therefore, it is imperative that all parties, including legal professionals, agree on the limitations of terrorism, as well as work together to prevent this unique crime from occurring.Keywords: Terrorism; National Law; International law; Extraordinary Crime

Page 7 of 15 | Total Record : 145

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