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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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WOMEN AND POLITICS: STRATEGIES IN OPTIMIZING WOMEN'S REPRESENTATION IN BANTEN PROVINCE LEGISLATIVE ELECTION POLITICS 2024 Muhammad Asmawi; Lathifah Sandra Devi
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8019

Abstract

Gender equality is still considered taboo in Indonesia. The stigma that women are weak, unable to lead or even interfere in politics is still widely heard in the general public. However, this stigma can be broken with Law number 22 of 2007 concerning Election Organizers which regulates the composition of the election implementation by paying attention to the representation of women at least 30%, in other words, the representation of women in politics has been legalized in law. The reality is that in fulfilling this quota, especially in Banten Province, it has not been filled to the fullest. The purpose of this writing is to optimize women's representation in the politics of legislative elections for 2024. The research approach uses a qualitative deductive with a qualitative descriptive method by trying to describe the phenomenon of strategies for optimizing women's representation in politics, judging from the facts on the ground that the 2019 legislative elections in Banten Province have not met the quota of 30 %. The results of the study obtained several strategies, namely inviting women to participate in the political arena, outreach and political education for women, improving the quality of women's resources and the role of the mass media to support and strengthen women's political participation in the public sphere.Keyword: Women's Representation, Politics, Legislative Elections
THE PRINCIPLE OF NON-DISCRIMINATION AS A FORM OF PROTECTION FOR UNDERAGE CHILDREN VICTIMS OF NARCOTICS AND PSYCHOTROPIC CRIMES Ida Ayu Rosida; Rifda Ayu Akmaliya; Sonia Amelia; Ega Permatadani; Anang Dony Irawan
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.7864

Abstract

The specific crime of narcotics is still something to be feared in Indonesia, the victims resulting from this problem are children. Even though the next generation of the nation are children who are in the growth stage, namely as survival assets for humans, the nation and the state. External and internal impacts are the cause of children who are victims of this evil object. Children have rights in their hands, with this right, children need to have legal protection, which has the goal of guaranteeing a child will get a decent life. Narcotics itself has been regulated in general, this is explained by the presence of Law no. 35 of 2009 concerning Narcotics. Rehabilitation efforts as well as special rules that clearly regulate juvenile justice are explained in law number 11 of 2012. On this occasion the author would like to discuss the Rehabilitation and Legal Protection of Underage Narcotics Crimes. The method used in this writing is normative legal research with a statutory and literature study approach which is then analyzed using qualitative method techniques using primary legal sources in the form of laws and regulations, secondary legal sources, namely from journals related to research and also legal sources. or or other legal sources. tertiary. From this paper it is hoped that it can provide knowledge about rehabilitation efforts for children who are caught in narcotics crime cases. The method used in this writing is normative legal research with a statutory and literature study approach which is then analyzed using qualitative method techniques using primary legal sources in the form of laws and regulations, secondary legal sources, namely from journals related to research and also sources or or other legal sources. tertiary. From this paper it is hoped that it can provide knowledge about rehabilitation efforts for children who are caught in narcotics crime cases. The method used in this writing is normative legal research with a statutory and literature study approach which is then analyzed using qualitative method techniques using primary legal sources in the form of laws and regulations, secondary legal sources, namely from journals related to research and also sources or or other legal sources. tertiary. From this paper it is hoped that it can provide knowledge about rehabilitation efforts for children who are caught in narcotics crime cases. secondary legal sources, namely from journals related to research and also other legal sources or sources. tertiary. From this paper it is hoped that it can provide knowledge about rehabilitation efforts for children who are caught in narcotics crime cases. secondary legal sources, namely from journals related to research and also other legal sources or sources. tertiary. From this paper it is hoped that it can provide knowledge about rehabilitation efforts for children who are caught in narcotics crime cases. Keywords: Children, Narcotics, Victims, Principles of Non-Discrimination, Rehabilitation.
HUMAN RIGHTS AND DATA PROTECTION IN THE DIGITAL FINANCIAL ECOSYSTEM Hidayatulloh Hidayatulloh
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8110

Abstract

Indonesia passed Law Number 27 of 2022 concerning the Protection of Personal Data, a notable instrument in preventing privacy and data protection rights violations. This paper analyzes the relationship between human rights and personal data protection in digital financial transactions. In the findings of this paper, privacy rights and data protection rights are human rights that are interrelated with one another. Both are essential parts of protecting human honor and dignity. In matters of personal data, leakage and theft are the leading digital security issues in financial institutions, especially banks. The community hopes that Law Number 27 of 2022 can provide protection, especially the security of digital financial transactions that continue to develop in Indonesia.Keywords: human rights, personal data protection, digital finance
A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA Paul Atagamen Aidonojie; Oaihimire Idemudia Edetalehn
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.7552

Abstract

The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory preservation and limitation of Nigeria’s customary practice of intestate succession by the wills laws and Act in Nigeria. The study made use online survey questionnaires sent to 308 legal practitioners (randomly selected) in the various states of the federal republic of Nigeria. A descriptive and an analytical statistic were used to analyse 308 respondent responses to the questionnaire. The study found that 76% of the respondent identify that Wills Act places customary limitation on customary intestate succession and they prefer the Wills Laws of 1958, given it preservation of the Nigerian custom and traditions concerning intestate succession. It was therefore, concluded and recommended that there is a need for some of those states that still applies the Wills Act of 1837, to enact or amend the Wills Act to recognised customary intestate succession.
THE EFFECTIVENESS OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IN HANDLING CASES OF ALLEGED UNFAIR BUSINESS COMPETITION CONDUCTED BY PT AERO CITRA CARGO Wike Nopianti; deny guntara; muhamad abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8124

Abstract

Allegations of a monopoly on the export of apparent lobster seeds originated from a case of corruption in evident lobster seeds committed by former Minister of Maritime Affairs and Fisheries Edhy Prabowo. In the indictment filed by the Public Prosecutor, Edhy allegedly founded and managed the Aero Citra Kargo Limited Liability Company as a shell company to collect profits from the export of apparent lobster seeds. At that time, the Business Competition Supervisory Commission suspected that the Aero Citra Kargo Limited Liability Company violated 17 and 24 of Law Number 5 of 1999. This study aimed to determine the effectiveness of the Business Competition Supervisory Commission in handling cases of alleged unfair business competition carried out by the Aero Citra Kargo Limited Liability Company. And to find out the considerations of the Commission Council for the Supervision of Business Competition in deciding Case Number 04/Commission for the Supervision of Business Competition-I/2021. This scientific research uses normative qualitative research methods. The author uses a normative juridical strategy in this approach. The Commission for the Supervision of Business Competition has played an influential role in cases of unfair business competition/monopoly practices, especially in cases of unfair business competition for export shipping services for Clear Lobster Seeds carried out by Aero Citra Kargo Limited Liability Company, the Commission Council has correctly determined decision dictum based on facts, judgment, analysis, and conclusion. The Commission Council only provides sanctions in the form of stopping activities carried out by the Aero Citra Cargo Limited Liability Company, which following the legal basis, namely Law No. 5 of 1999Keywords: Effectiveness, Monopolistic Practices, export
ADOPTED CHILDREN & HEIRS: THE PROBLEMATICS OF ABUSE OF THE LAW IN INHERITANCE Tashya Panji Nugraha; Naufal Fakhri Ghozali; Kelik Wardiono; Marisa Kurnianingsih
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8120

Abstract

THIS study aims to analyze the position of adopted children to the inheritance of their adoptive parents as well as to discuss how this position can be if there is a violation of law during the adoption which causes problems with the existing inheritance. The type of this research is descriptive research with a normative approach. Based on this research, the position of adopted children to the inheritance of their adoptive parents is strongly influenced by which type of law is used in the practice of adoption because Western law, Islamic law, and customary law that apply as the basis for adoption in Indonesia have different provisions. Then, if it is found that there has been a violation of law in the adoption of a child which causes problems with inheritance, the judge will identify the problem based on the facts and consider it based on the law used to adopt the adopted child so that the result decision can provide a sense of justice, benefits, as well as legal certainty or in other words an ideal decision.
IMPLEMENTATION OF REGULATION OF THE MINISTER OF MANPOWER NUMBER 6 OF 2020 CONCERNING THE IMPLEMENTATION OF DOMESTIC APPRECIATION IN KARAWANG, WEST JAVA Listiono listiono; Deny Guntara; Muhamad Abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8146

Abstract

Indonesia is a constitutional state with a rule of law that is very useful for society, and the law must provide benefits and goals for humanity. In general, employment in apprenticeship practices results in that there are still many companies that do not give an allowance amount. In the corporate world, labor is one of the most significant expenses in the corporate world, so in this case, if the work (interns) is not paid, it can benefit the company. Meanwhile, interns also have other needs in their daily activities. This can harm both parties, namely apprentices (apprentices) and the company. The problem is how the apprenticeship program is implemented in Indonesia in terms of the Minister of Manpower Regulation Number 6 of 2020 concerning the Implementation of Domestic Apprenticeships and what are the inhibiting factors in implementing the apprenticeship program in Indonesia. The research method is qualitative, with the approach used in this study being normative juridical. The research results on implementing the Apprenticeship Program in Karawang in terms of the Minister of Manpower Regulation Number 6 of 2020 concerning the performance of Domestic Apprenticeships have been running according to the rules contained in the regulation. In practice, there are still many companies placing apprentices that are not under their competence or expertise, that have been carried out so that it is not in line with the objectives of the Organization of Domestic Apprenticeships. There are lacks that the specialists found in every part of adequacy, and these elements show that the execution of the Guideline minister of workforce regulations of the Republic of Indonesia Number 6 of 2020 concerning the Execution of Homegrown Apprenticeships concerning the privileges of student members is as yet not successfully carried out in the field.Keywords: Implementation, Effectiveness, Apprenticeship
ABUSE OF AUTHORITY BY THE REGIONAL GOVERNMENT FOR THE CONSTRUCTION OF NATIONAL ROADS Ahmad Munir; Luthfie Octavian; Sugiran Try Wibowo; Bagus Teguh Santoso
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8052

Abstract

Roads as one of the transportation infrastructure are important elements in building the life of the nation and state. The government has an important role in providing investment for road construction in accordance with its authority as regulated in Law Number 2 of 2022 on the Second Amendment to Law Number 38 of 2004 concerning Roads. However, there are district governments carrying out the construction of national roads which should be the authority of the central government. This writing uses a normative research method with a statutory approach and a conceptual approach related to regulations and regulatory concepts over the authority of local governments in the construction of national roads. Besides that, it uses a conceptual approach , namely the approach taken to the concept of regional government authority in road construction . The purpose of this study is to analyze the abuse of authority by the Regional Government for the construction of National Roads. The results of the study stated that the Regency/City Regional Government carried out the construction of national roads , The regency /city regional government fulfills the element of abusing authority or exceeding authority . For this reason, the central and regional governments can carry out road construction, but this must be in accordance with their respective authorities.
CONSUMER PROTECTION AGAINST WITHDRAWAL OF MOTOR VEHICLES BASED ON FIDUCIAN COLLATERAL Jannus Manurung; Yuniar Rahmatiar; Muhamad Abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8147

Abstract

In the current era, all people can own a motorized vehicle in an easy and fast way. This is triggered by the way to buy a motorized car with credit. In terms of withdrawing vehicles, finance companies use the role of a third party (a debt collector) to carry out their actions in collecting creditors and also carrying out forced withdrawals of collateral objects, where the financing company feels that the actions taken are safe. A debt collector is a third party who assists a finance company in resolving a credit problem that the finance company cannot determine. The problem is how the collector department's implementation of the motorized vehicle withdrawal process is linked to law number 42 of 1999 concerning fiduciary guarantees and how consumer protection for motorized vehicle withdrawals by the collector department is linked to law number 42 of 1999 concerning fiduciary contracts. The research method is qualitative, with the approach used in this research being normative juridical. The results of his study show that Consumer Protection Against Motor Vehicle Withdrawal has not gone well because when a consumer's motorized vehicle has been withdrawn, there is no further information on the vehicle's whereabouts, whether it is being sold or auctioned. So that when the car is going to be auctioned or sold, the consumer needs to know that the result is more than or sufficient to pay off the consumer's debt. Many unscrupulous debt collectors do not have a clear professional status and sometimes threaten consumers, which causes harm to consumers and the most crucial factor they register. A fiduciary Guarantee is the registration of a motorized vehicle as a fiduciary guarantee to have legal certainty for both the party providing the financing and the party receiving the funding. No legal counseling is carried out to the Financing Company related to fiduciary guarantees, especially in registering fiduciary collateral goods, where registration of fiduciary warranties is basically to obtain legal certainty over the object's position fiduciary as well as confidence for the parties agreeing within it.Keywords: Legal Protection, Consumers, Debt Collector
PURPOSE LEGISLATION STATUS (PSEUDOWETGEVING) AGAINST LEGAL REGULATIONS (ACCORDING TO LAW NUMBER 12 OF 2011 JO. LAW NUMBER 15 OF 2019 REGARDING THE ESTABLISHMENT OF LEGISLATION REGULATIONS) Grace Sharon; Bintang Aulia Hutama; Levina Yustitianingtyas; Anang Dony Irawan
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8338

Abstract

Pseudo-legislation (pseudovetgeving) in the Dutch Legal Dictionary is defined as “regelstelling door een bettokken bestuursorgaan zonder dat dit op grond van een uitdrukkelijke wettelijke bepaling die bevoegdheid bezit”. Which can be understood as a regulation made by the competent Administrative Body but the policy does not have the power based on explicit statutory provisions. In writing this article, there are three main ideas related to the background of the problems raised, namely the use of the legal system by the Indonesian state which is more inclined to the common law system or civil law system, the ordering of laws and regulations in Indonesia, and the position of pseudo legislation (pseudowetgeving) or policy regulations (beleidsregels) against existing laws and regulations in Indonesia. To provide comprehensive results, in writing articles used research methods that are normative juridical. The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law Number 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents". The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law No. 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents". The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law Number 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents".Keywords: Pseudo-Legislation (Pseudowetgeving); Hierarchy Of Laws And Regulations; Civil Law System.

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