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Iuris Studia: Jurnal Kajian Hukum
Published by Bunda Media Grup
ISSN : 27458369     EISSN : 27458369     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Iuris Studia: Jurnal Kajian Hukum published three times a year in February, June and October E-ISSN: 2745-8369
Arjuna Subject : Ilmu Sosial - Hukum
Articles 139 Documents
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Akibat Hukum Perjanjian Restrukturisasi Kredit Mobil Pada Masa Covid 19 (Studi Pada PT. Adira Dinamika Multi Finance Tbk., Cabang Bengkulu 2 Car) Muhammad Rizky
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.175

Abstract

The COVID-19 pandemic that occurred in Indonesia not only caused infectious diseases that caused many deaths, but also resulted in congestion in the wheels of the people's and country's economy. This research is normative and descriptive analysis. The data collection technique is library research (library research). Data analysis is qualitative. The results of the discussion in this study are the government's appeal and this has been regulated in OJK Regulation No. 14/POJK.05/2020 concerning Countercyclical Policy on the Impact of the 2019 Coronavirus Disease Spread for Non-Bank Financial Services Institutions. The form of restructuring policy carried out by PT Adira Dinamika Multi Finance Tbk Bengkulu 2 Car Branch to debtors is listed in Temporary Decree No.KS-020C/RISKLGL/COLL/V/2021 issued by Adira Finance. PT Adira Dinamika Multifinance Tbk Bengkulu 2 Car Branch carried out a consumer financing restructuring program due to the pandemic factor which resulted in the community's economy declining and experiencing significant changes in income
Kedudukan Dan Perlindungan Terhadap Tenaga Kerja Pada Perusahaan Anak Dalam Perusahaan Grup/Holding Company (Studi Pada PT. Pusri Medan) Melva Theresia Simamora; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.163

Abstract

The world of economy in Indonesia is growing, the number of business fields growing and competition between companies is increasing the need for broad thinking and not being fixated only on static conditions. Over time, Indonesia began to recognize holding companies which are the choice of many business in Indonesia. Holding companies are commonly held with the aim of holding economic control on a larger scale, eliminating competition or to ensure the stability of continuous supply of materials. This can be seen from the type of business of each company concerned, where the type of business is an interdependent vertical relationship between one and another company. The absence of legal regulations in the field of holding companies, the question arises what about the legal certainty of labor from a subsidiary company. Inadequate legal regulations regarding labor protection, especially in group companies, imply a legal vacuum in the world of labor protection. Based on the background of the problems regarding holding companies and labor aspects in the form of the holding companies that have been described, further and detailed research is needed. Where there is a legal vacuum on the protection of workers in holding companies. What laws and regulations and company policies are said to be sufficient and have protected the workers themselves in the business world in the form of holding companies.
Sinergisitas Hukum Peran Dinas Syariat Islam Dan Kepolisian Kota Langsa Dalam Pemberantasan Maisir Muklis Muklis; Abdillah Abi Imanu
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.194

Abstract

Gambling or Maisir is a criminal act, namely betting a sum of money, having a fate with every game that is lucky for the players, including all other bets where this crime is found in all circles and the community, the main problem discussed is regarding the sanction procedure. against the perpetrators of maisir, especially in Langsa City, which uses the Qanun on the Jinayat Law and the Criminal Law which go hand in hand in imposing sanctions on the perpetrators of maisir. This study uses a qualitative research method with an empirical approach by collecting data from the field through the Islamic Shari'a Service and the Police with interviews and observations as the premier data source. The results obtained show that gambling crimes are regulated in Aceh Qanun No. 6 of 2014 concerning the Jinayat Law regarding maisir which has the aim of preventing and overcoming maisir crime and the Nanggroe Aceh Province Qanun No. 13 of 2013 concerning Maisir (gambling) is in accordance with the ta'zir hukuman punishment in Islamic Criminal Law
Kedudukan Informed Consent Pada Pelayanan Pasien Di Rumah Sakit Redyanto Sidi
Iuris Studia: Jurnal Kajian Hukum Vol 1, No 2 (2020): Oktober 2020 - Januari 2021
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v1i2.182

Abstract

In this informed consent, many patients do not know the extent of their rights as recipients of health services, and hospitals and doctors as health service providers are obliged to carry out their obligations for the benefit of patients. As a patient should also accept the advice given by the doctor. The relationship between doctor and patient arises when the patient first comes with the intention of seeking help. From that moment on, what is meant by Informed consent, namely the arrival of a patient, which means he has given confidence to the doctor, automatically implants an attitude that aims to prioritize the health of his patient. This research is a normative legal research that refers to the legal rules in the order of legislation and principles in applicable law in Indonesia regarding the regulation of the legal aspects of the doctor's therapeutic agreement in providing medical treatment to patients in hospitals. Informed consent, also known as consent for medical action, is a relationship that occurs between a doctor and a patient in a hospital, which is basically a form of agreement, which can be viewed from a deceptive legal point of view, where the patient must understand and have sufficient information to make decisions regarding care for himself and consent for the treatment to be given by the patient both in writing and orally. Because informed consent is the agreement or permission by the patient or family who has the right to the doctor to take a medical action on him and get a complete explanation is one of the rights of the patient in the hospital
Perlindungan Hukum Investor Terhadap Produk Investasi Emas Di Pegadaian (Studi Pada PT. Pegadaian (Persero) Cabang Kisaran) Fernando Enrico Fermi Partahi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.169

Abstract

Legal protection is needed by every investor in investing in a company. The gold investment in the form of gold tubes is no exception at PT. Pegadaian (Persero) Range Branch. The problems discussed are legal protection for investors who invest in gold from gold investment losses, the responsibility of gold investment management companies for losses experienced by investors, the application of law related to protection of gold investors at PT. Pegadaian (Persero) Range Branch. The research method uses a normative juridical legal research method, which refers to legal norms. This research is descriptive analytical. The data used is secondary data. consists of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. Based on the research results obtained, it shows that legal protection for investors who invest in gold from losses on gold investments is carried out in two forms. Namely preventive legal protection and repressive legal protection. The responsibility of the gold investment management company and gold investor begins when they agree to sign the agreement. The company's responsibility for losses suffered by investors is that the company is responsible for these losses due to information that is not in accordance with the agreement. The application of law related to the protection of gold investors, namely gold savings at PT. Pegadaian (Persero) Kisaran Branch is carried out in accordance with the laws and regulations. The forms of legal protection are preventive and repressive. Agreement between legislation. The forms of legal protection are preventive and repressive. The agreement between the company and the investor is a standard agreement that has been provided by PT. Pegadaian (Persero) Kisaran Branch
Pertanggungjawaban Pidana Pada Kasus Kecelakaan Lalu Lintas Yang Mengakibatkan Kematian Atas Dampak Kerusakan Jalan (Studi Kasus Putusan Pengadilan Negeri Rembang Nomor 129/Pid.Sus/2019/PN Rbg) B.A.S. Faomasi Jaya Laia; Madiasa Ablisar; Alvi Syahrin; M. Ekaputra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.156

Abstract

The problem of traffic accidents that cause death due to road damage is a problem that is always prominent from time to time. Of course, it needs to be studied in the aspect of criminal liability to resolve if there is a legal event in question occurs. The research method used in this research is normative juridical. The results showed that awave of traffic accidents that occurred due to road damage here found there were 2 (two) pihak which will basically receive the consequences ofroad users(community)  both victims and perpetrators,for  road organizers (whodeal withroad repairs / road repairs, namely the Public Works Office in each region),  Criminalliability for the occurrence of traffic accidents that result in death caused by road damage,can be charged to different parties because of their nature is kasuistis. Rembang District Court Decision No. 129 / Pid.Sus / 2019 / PN Rbg  basically the judge's decision can be said to be appropriate to say the defendant has been negligent because he was not careful and vigilant when driving on damaged roads / potholes
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pemerkosaan Berlanjut (Studi Kasus Putusan No: 156/PID.B/2019/PN-TBT) Ranu Wijaya; Syafruddin Kalo; Mahmud Mulyadi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.187

Abstract

Judge's Decision Number: 156/Pid.B/2019/PN-TBT, the author feels it is necessary to do research because of the indictment of the Public Prosecutor and the judge's considerations until there is a verdict that decides this case with Articles of continued rape. Formulation of the problem How is the legal regulation of rape in conjunction with Article 64 Paragraph (1) of the Criminal Code, the efforts made by the police and the Public Prosecutor to prove the act of rape by emphasizing Article 64 Paragraph (1) of the Criminal Code, and the judge's considerations in Decision No: 156/Pid .B/2019/PN-TBT. This research is included in normative legal research (normative juridical). This type of research is a case study. The results of the research can be seen, the regulation of the crime of rape is regulated in the Criminal Code, chapter XIV Article 285, while continuing acts are regulated in Article 64 of the Criminal Code, the efforts made by the police and the Public Prosecutor are examining witnesses, requesting a visum et revertum, making indictments, send files to court, hear cases. The judge's legal considerations in this case are not based on law, and the legal discovery by the judge is not in accordance with the legal discovery process. It is recommended that there are special arrangements related to rape in the renewal of criminal law with the latest criminal drafts, the existence of investigators who can prove a criminal act which legally or by law the regulation is not clear in detail, and there is uniformity in the judge's decision
Perlindungan Hukum Bagi Karya Fotografi Ditinjau Dari Undang-Undang Hak Cipta (Studi Kasus Putusan Pengadilan Negeri Surabaya Nomor: 10/HKI/Hak Cipta/2014/PN. Niaga Sby) Satria Perdana; O.K Saidin; T. Keizerina Devi Azwar; Jelly Leviza
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.176

Abstract

Portraiture is one of the art of photography by displaying human objects either individually or in groups, which emphasizes the personality elements of the photo object. According to Article 1 Number 10 of Law Number 28 of 2014 concerning Copyright, it is explained that a portrait is a photographic work with a human object. The formulation of the problem in this thesis is how actions can be categorized as commercialization of photographic works without permission, what are the legal provisions regarding the settlement of copyright disputes in the case of commercialization of photographic works without permission, how are the judges' legal considerations in the decision Number 10/HKI/Hakcopy/2014 /PN.Sby in terms of Law Number 28 of 2014 concerning Copyright. Acts that can be categorized as commercialization of photographic works without permission are commercial use, reproduction, announcements, distribution or communication of the portraits made for the purposes of commercial advertisements or advertising without the written consent of the person being photographed or his heirs. Legal provisions regarding the settlement of copyright disputes in the event of commercialization of photographic works without permission can be reached through litigation dispute resolution, namely settlement through a court institution. In addition, non-litigation dispute resolution efforts can also be taken, namely dispute resolution outside the court, such as through alternative dispute resolution or arbitration. The judge's legal considerations in the decision Number 10/HKI/Copyright/2014/PN.Sby are appropriate in terms of Law Number 28 of 2014 concerning Copyright, namely the defendant without the Plaintiff's approval has used the image/photo published in the Java Post print daily so that it is true that the Defendant violated the plaintiff's copyright as referred to in the provisions of Article 12 paragraph (1) of Law Number 28 of 2004 concerning Copyright. Therefore, the legal consequences arising from the use of portraits without permission are compensation for those who feel aggrieved. This is stated in Article 96 paragraph (1), paragraph (2), and paragraph (3) which is strengthened by Article 99 (1), paragraph (2), and paragraph (3) letters c and d, as well as Article 115
Analisis Yuridis Terhadap Putusan Hakim Mengenai Putusan Lepas Dari Segala Tuntutan Hukum (Studi Putusan Pengadilan Negeri Mandailing Natal Nomor 26/PID/2019/PN.Mdl) Cecep Priyayi; Madiasa Ablisar; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.165

Abstract

A judicial process ends with a final verdict (vonnis). The decision imposed by the judge must be in accordance with justice and legal certainty. The legal certainty itself lies on the regulations. The Indonesian Penal Code included three possibilities of jurisprudenceon Section 1 Point 11, which is in the form of adjudgment, free, or off from all legal proceedings. In the case of a decision offfrom all legal proceedings, it should be imposed by the judge if all elements of the act against the criminal law are proven, that a criminal act has occurred. However, the perpetrator, apparently, cannot be responsible (does not own a fault in a broad sense) due to certain reasons attached to the defendant as an excuse for forgiveness. The judge should have relied on evidence to prove a verdict. Accordingly, it is necessary to realize that the evidence proposedmust support confidence and be able to strengthen the judge’s stance. Otherwise, the judge shall set him free, if it is not convincing or causing doubts. But if the judge mistakenly free the guilty, then he is only going to deal with juridical accountability due to a fault of applying the law. Based on the background, then the research problem in this study were: (1) How is the legal settingagainst the criminal act of letterforgery; (2) How is the legal setting of judge’sdecision in herziene inlands reglement (HIR), the book of the law of criminal procedure(Code of Criminal Procedure) and bill of book of the law of criminal procedure (Bill of Code of Criminal Procedure); and (3) How is the analysis of the free verdict from any lawsuits, a verdict of District Court Mandailing Natal No.26/pid/2019/Pn.Mdl.The methods applied in this study was normative legal research. The nature of this study was analyticaldescriptive with legislation approach (statute approach).In normative legal research, the data used were secondary data which were obtained by conducting research on the primary, secondary,and tertiary legalmaterials. The juridical analysis of the judge's decision off from all legal proceedingsin District Court Mandailing Natal No. 26/pid/2019/Pn.Mdl, the defendant was proven to have committed the accused but not a criminal act.Based on the judge's decision and after being juridically analyzed, it can be seen that there was an error in the judge's decision, this was due to the absence of some special reasons or forgiveness in the defendant. Therefore, the judge should have decided that the defendant was found guilty of a criminal act and served his sentence in accordance with the final decision (judge's verdict).
Pendekatan Restoratif Sebagai Alternatif Sanksi Pidana Dalam Kejahatan Korporasi Mirsa Astuti; Muhammad Faris Aksa
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.195

Abstract

A corporation is a body consisting of a group of people and its members have their respective rights and obligations, which are separate from the rights and obligations of each member. Corporations have deviant behavior and high authority in a corporation and use their position as a tool to violate the law, so it is often also called economic crime as a corporate crime. In tackling and eradicating corporate crime, Indonesia as a state of law provides a way out in resolving various corporate criminal cases in a more responsible manner. Eradication of corporate crime in Indonesia initially emphasized a repressive and preventive approach, but in its development several changes were seen, namely using a repressive and preventive approach together, both in material and formal criminal law provisions. This study uses library research methods or library research. The data source used is secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials

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