JHR (Jurnal Hukum Replik)
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
Articles
145 Documents
<![CDATA[JURIDICIAL ANALYSIS OF LAW ENFORCEMENT BY THE ATTORNEY GENERAL IN REPUBLIC OF INDONESIA ON THE CORRUPTION CASE OF JIWASRAYA INSURANCE BASED ON LAW NUMBER 40 ON 2014 ABOUT INSURANCE ]]>
<![CDATA[Maulana Agus Salim]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i1.5290
<![CDATA[The problem in this research is Law Enforcement by the Prosecutor's Office of the PT. Insurance Jiwasraya (Persero) which harms customers in terms of criminal law and the issuance of Law Number 40 of 2014 concerning Insurance Jo. Financial Fervices Authority Regulation Number 23/POJK.05/2015 concerning Insurance Products and Insurance Product Marketing is to find out the consequences of law enforcement in the Limited liability company Insurance Jiwasraya (Persero) which is detrimental to the Customer in terms of Criminal Law based on Law Number 40 of 2014 concerning Insurance. The process of collecting and presenting this research is used a normative juridical approach which is research conducted by examining library materials or secondary data. Based on the results of the study, the conclusion in this study is to determine the consequences of law enforcement in the case of Limited liability company Insurance Jiwasraya that harms Customers in terms of Criminal Law based on Law Number 40 of 2014 concerning Insurance begins with conducting an investigation, then prosecution and implementing a decision, the fundamental problem in implementing this handling is an investigation issue because it will determine the entire subsequent process. The authority of the Prosecutor as an investigator, for the time being, is specifically stated in Article 30 paragraph (1) letter d of Law Number 16 of 2004 concerning the Prosecutor's Office stipulating that the Prosecutor's Office has the task and authority to carry out investigations of certain criminal acts based on the law. The Prosecutor's Office has the duty to search for and collect evidence with which to make clear the corruption that occurred and to find the suspect.Keywords: Investigation; Prosecution; Public Prosecution; Insurance]]>
<![CDATA[IMPLICATION OF SUPERVISION OF VILLAGE REGULATIONS IN THE CONCEPTION OF VILLAGE AUTONOMY BASED ON LOCAL WISDOM REVIEWING FROM LAW NUMBER 6 YEAR 2014 ON VILLAGE ]]>
<![CDATA[Nur Jihan]]>;
<![CDATA[Firdaus Firdaus]]>;
<![CDATA[Fatkhul Mu'in]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i1.5628
<![CDATA[Village regulations are a product of village law which comprises material for administering village government based on the original autonomy of the village. The mechanism for annulling or examination village regulations due to preventive and repressive supervisory functions by the Regional Government can reduce the village government in regulating and managing its own household. There are two identifications raised in this study, firstly how are the form of supervision of village regulations according to Law Number 6 of 2014 on Villages, secondly what are the implications of local government supervision of village regulations in the perspective of village autonomy according to Law Number 6 of 2014 on Villages. In order to answer the problem identification mention above, the method used is descriptive analytical with normative juridical and empirical juridical approaches from the types of data, both primary data and secondary data. With primary legal materials, secondary legal materials, and tertiary legal materials analyzed juridically qualitatively.keywords: village regulations, village autonomy, supervision]]>
<![CDATA[THE CONCEPT AND CONTEXTUALIZATION OF THE DIRECTION OF THE STATE AS AN INSTRUMENT OF DEVELOPMENT ]]>
<![CDATA[Ahmad Ahmad]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 1 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i1.6472
<![CDATA[The concept and contextualization of the state policy before and after the amendment to the 1945 Constitution as a pattern of national development planning as an effort to realize the goals of the state as stated in the Pancasila preamble and the Preamble to the 1945 Constitution attached to the position of the People's Consultative Assembly is the main issue in this research. The research method used is doctrinal legal research with a descriptive analysis approach. The results showed that the concept of state policy before the amendment of the 1945 Constitution was attached to the position of the People's Consultative Assembly as the highest state institution by placing the President who was elected by and also at the same time the mandate of the People's Consultative Assembly so that he is responsible to the People's Consultative Assembly. The contextualization of the state policy before and after the amendment to the 1945 Constitution has given rise to the discourse of the fifth amendment by giving the People's Consultative Assembly the authority to determine the state's direction as a pattern of development planning, not only on the campaign promises of the elected President as the basis for development planning. Keywords: Concept, Contextualization, Development Planning, State Policy]]>
<![CDATA[GOOD FAITH ON ANIMAL CARE AGREEMENT : STUDY OF ARTICLE ABOUT TRANSFER OF ANIMAL OWNERSHIP ]]>
<![CDATA[Umar Haris Sanjaya]]>;
<![CDATA[Mirza Ajeng Thiasari]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6771
<![CDATA[Abstract: This study aims to analyze and determine the good faith in the use of clauses on the transfer of animal ownership in animal care services business actor in GPSPK Depok. This study provides an analysis for the implementation of good faith in animal care contract. Problem formulations for this journal are; How is the implementation of good faith in the use of the transfer of animal ownership clause in animal care services business actor? and is the implementation of good faith in the transfer of animal ownership is in accordance with the good faith of contract implementation? This research is normative legal research accompanied by supporting data. The research data was collected through literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the service user binds himself to an animal care contract that contains the clauses of the transfer of animal ownership. However, the business actor does not execute these clauses, even though the business actor has the opportunity to do so. Second, the clauses of the transfer of animal ownership are against the good faith of contract implementation which refers to: fairness, equity, and reasonableness.]]>
<![CDATA[Development of Financial Technology Investment in Indonesia Increasing Public Interest Industrial Revolution 5.0 ]]>
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6028
<![CDATA[The creation of a stable financial system that benefits all levels of society. In this regard, financial institutions play an important role through their intermediary function to promote economic growth, income distribution, poverty alleviation and the achievement of financial system stability. Just industryfinance that is growing very rapidly is not necessarily accompanied by access to finance adequate finance. In fact, access to financial services is a prerequisite. The involvement of the wider community in the economic system is important. The existence of Fintech makes the process of financial transactions more practical and faster. Fintech is now developing all over the world, including Indonesia in the face of the 5.0 industrial revolution.]]>
<![CDATA[CRIMINAL LAW ENFORCEMENT ANALYSIS AGAINST INDEPENDENT PRACTICE MIDWIVES IN COMMITTING UNLAWFUL ACTS ]]>
<![CDATA[Ayu Endang Astuti]]>;
<![CDATA[Aan Asphianto]]>;
<![CDATA[Mohamad Noor Fajar Al Arif]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6226
<![CDATA[The phenomenon of maternal and infant mortality in Banten Province is still high. Based on data released by the United States Agency for International Development (USAID) Jalin, in Banten Province every week there are an average of 5 mothers and 27 newborns who die the highest deaths are in Pandeglang Regency with 59 cases. and when the public's need for health services increases, especially midwife services, it is not balanced by the expertise and skills of midwives to form a good service work mechanism. So often we also find midwife services not in accordance with their authority. The problems that the author will discuss are related tothe criminal law enforcement of the actions of midwives who are against the law and the authority of independent practice services in Pandeglang Regency and theimplementation of legal policies regarding criminal acts in cases of malpractice in Pandeglang Regency. The method used in this study is a normative juridical descriptive method using a problem approach with the Law by prioritizing primary data and secondary data. The results of this study that midwives who carry out obstetric services are not in accordance with applicable regulations, will be sanctioned in accordance with the Minister of Health of the Republic of Indonesia Number. 1464/Menkes/PER/X/2010 on the licensing and administration of midwife practices. Sanctions given to midwives can be in the form of revocation of the midwife's practice license, revocation of Surat Izin Praktek Bidan temporary, or it can also be a fine. In addition, midwives can also be sentenced to prison if they violate the laws and regulations. If a midwife violates the code of ethics, the settlement of this matter is carried out by the midwife professional forum, namely the Midwife Professional Council or the Indonesian Midwife association.Keywords: Law Enforcement, Midwives, and Unlawful Acts]]>
<![CDATA[Problems Of The Maximum Limits Of Land Tenure In Indonesia ]]>
<![CDATA[Amalul Arifin Slamet]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6894
<![CDATA[This article aims to examine the rules relating to the maximum limit of land tenure in Indonesia. In line with this, normative legal research was carried out on this issue. To find a bright spot, the legislation and expert perspectives are examined. So that it can be concluded that although there are rules that regulate the maximum limit of control of agricultural land, its implementation is still not optimal and cannot be carried out properly. Agricultural lands are currently not divided equitably, only piling up in certain communities who have access that allows them to own land with an area that exceeds the limit. And for building land, there are still no rules that clearly regulate the maximum limit except for residential land.Keywords: Maximum Limit, Land Tenure, Problems, ]]>
<![CDATA[THE ROLE OF FORENSIC LABORATORIES IN PROVING POISON MURDERS IN INDONESIA ]]>
<![CDATA[Astrya Puspitasari]]>;
<![CDATA[Diya Ul Akmal]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6750
<![CDATA[Murder is a heinous crime that violates the law and threatens humanity. Murder can be committed in a variety of ways, one of which is through the use of poison. To solve a Poisoning Murder case, investigators must have a high level of expertise as well as the use of a Forensic Laboratory to examine scientific evidence. The murder of Wayan Mirna Salihin (Mirna) with Cyanide is one example. This study uses a Normative Legal Method that is bolstered by primary data analysis. The data used are Primary Data (Interviews) and Secondary Data (Legislation, Books, Journals, and Internet Sources). The obtained data is described using words based on scientific logic. The Mirna Cyanide murder case is so complicated that it necessitates the involvement of the Forensic Laboratory and forensic experts from various fields. Expert Testimony from Forensic Doctors, Forensic Toxicologists, and Forensic Digital Experts were obtained as part of the evidence. In this case, Expert Testimony is crucial in confirming the judge's conviction of the suspect who murdered Mirna. Jessica Kumala Wongso (Jessica) was eventually found guilty and sentenced to 20 years in prison by the judge. This emphasizes the importance of the Forensic Laboratory in proving Poison Murder cases.]]>
<![CDATA[Legal Implication on Supreme Court Decision that Conclude Contract of Work has a Lex Specialis Principle from the Local Taxes and Retributions Act 2009 towards Local Government Finance ]]>
<![CDATA[Maulana Fadillah]]>;
<![CDATA[Dewi Kania Sugiharti]]>;
<![CDATA[Holyness N Singadimedja]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6151
<![CDATA[The Contract of Work between the Government of Indonesia and mining companies has the nailed down tax obligations, which means that the mining companies only pay taxes that are stipulated at the time when the Contract of Work was signed. A legal issue arose when the Local Taxes and Retributions was enacted in 2009 which did not exclude Contract of Work mining companies from imposing local taxes. In several provinces, the tax dispute arose when the Local Government imposed local taxes on the mining companies under the Contract of Work based on the Local Taxes and Retributions Act. The pattern of dispute settlement process from those issues was carried out until the case review process by the Supreme Court. The decision on the case review stated that the Contract of Work was valid as a lex specialis of the Local Taxes and Retributions Act with consideration: there was a recommendation from the House of Representatives in the formation of a Contract of Work and the Letter of the Minister of Finance No. 1032/MK.04/1988. The method that will be used in this study is the normative juridical method, referring to written legal materials in the form of primary, secondary, and tertiary legal materials which are specifically related to local taxes and absolute tax theory. The result of this research concluded that the Supreme Court decision was not conformable with tax law principles and absolute tax theory. Furthermore, considering the erga omnes principle of the Administrative Court System that the Tax Court is beneath the scope, the decision implies the other local government that cannot collect local taxes from mining companies under Contract of Work.]]>
<![CDATA[APPLICATION OF EXECUTION OF FIDUCIARY GUARANTEE OBJECTS IN FINANCE COMPANIES AFTER THE CONSTITUTIONAL COURT DECISION NUMBER 18 / PUU-XVII / 2019 IN THE JURISDICTIONAL AREA SERANG DISTRICT COURT ]]>
<![CDATA[Lukman Hakim]]>;
<![CDATA[Faridatul Fauziyah]]>;
<![CDATA[Rani Sri Agustina]]>
<![CDATA[ JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/jhr.v10i2.6959
<![CDATA[This article aims to find out the Implementation of the Execution of the Object of Fiduciary Guarantees after the Decision of the Constitutional Court Number 18/PUU-XVII/2019 in the Jurisdiction Area of the Serang City District Court. This study elaborates on two objects to determine the execution of fiduciary guarantees after the Constitutional Court Decision Number 18/PUU-XVII/2019 in the jurisdiction of the Serang District Court. This study uses a descriptive qualitative research method approach through in-depth interviews. The results of the study stated that the financing company carried out the execution of the object of the fiduciary guarantee based on the procedures, mechanisms and provisions according to their respective internals. This means that creditors are always guided by the Standard Operating Procedures. In addition, after the Constitutional Court Decision No. 18/PUU-XVII/2019 there are no changes in executing the object of fiduciary guarantee. Finance companies are reluctant to apply for execution through the courts because of bureaucratic problems. So that the use of collection service companies is still applied by a number of finance companies in the jurisdiction of the Serang District Court.]]>
