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Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 7, No 2 (2021): Jurnal Idea Hukum" : 10 Documents clear
PELAKSANAAN SISTEM PERADILAN ANAK DI INDONESIATERHADAP ANAK BERHADAPAN DENGAN HUKUM heri sudaryanto
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.276

Abstract

The juvenile criminal justice system is the entire process of resolving child cases that face the law from the investigation stage to the guidance stage after undergoing criminal proceedings based on protection, justice, non-discrimination, best interests for the child, respect for children, survival and child development, proportional, deprivation of independence and prosecution as a last resort and avoidance of retaliation.The type of research conducted is descriptive research with normative legal research types related to the implementation of the juvenile justice system that is faced with the law.The results showed that the implementation of the juvenile justice system against children who faced the law had been implemented in accordance with the legislation No. 11 of 2012 concerning the juvenile justice system. The implentation of the implementation of children who face the law in the juvenile justice process is done through a diversion approach. Government efforts in protecting children who face the law are carried out with investigation efforts, prosecutions up to the trial process. These protection efforts are pursued by the diversion process. If the implementation of this diversion cannot be done eating the judicial process is to become ultimum remidium while still paying attention to the best interests of the child by placing children in LPAS, LPAK and LPKS which the institution is expected to be able to provide new expectations and protection for children who face the law.
EFEKTIVITAS BALAI PEMASYARAKATAN PURWOKERTO DALAM PEMBIMBINGAN TERHADAP ANAK BERKONFLIK DENGAN HUKUM YANG MENDAPATKAN PEMBEBASAN BERSYARAT danang adi suryo
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.188

Abstract

Children who are faced with the law in Law Number 11 of 2012 concerning the Juvenile Justice System are children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses of criminal acts. A child who is in conflict with the law or a child perpetrator of a criminal act is a child who has reached the age of twelve but has not yet reached the age of eighteen who is suspected of having committed a criminal act. One of the activities in a series of activities in the criminal justice system is carried out by the Correctional Center (BAPAS) which is part of the activities of the prisoners' penitentiary system or the criminal justice sub-system. The duties and functions of the Correctional Center, hereinafter referred to as BAPAS, in this case, assist and assist the juvenile criminal justice system. It is hoped that it can facilitate and provide input to judges who try children's cases by seeing the results of the work of BAPAS, especially Community Advisors in making the results of social research. Based on this background, the authors formulate the problem, namely how the effectiveness of BAPAS Purwokerto in fostering and guiding children in conflict with  the  law  who  get  parole  and  what  constraints  are  experienced  by  BAPAS Purwokerto in guiding children in conflict with the law who get parole . This study aims to  explain  the  analysis  of  the  effectiveness  of  BAPAS  in  dealing  with  community guidance as a form of legal protection for children. conflict with a law that gets parole. Analyzing the obstacles experienced by BAPAS in providing guidance to children who get paroleThis research is a sociological juridical type of research, by examining the legal provisions of primary data obtained from informants and resource persons by conducting field research in the form of observations and interviews and secondary data in the form of primary, secondary and tertiary legal materials, then analyzed qualitatively and  the results  of the analysis. which is  explained  by the descriptive method. Research location at BAPAS PurwokertoFrom the results of research and discussion it can be concluded that the effectiveness of BAPAS Purwokerto in fostering and guiding children in conflict with the law who get parole is in accordance with the provisions contained in Law Number12  of  1995  Concerning  Corrections  and  Law  Number  11  of  2012  concerning  the System. Juvenile Criminal Court, but in its implementation it has not been effective, because there are child clients who have committed repeated crimes or are recidivists. The obstacle factors of BAPAS Purwokerto in providing parole to children who are faced with the law are the constraints from the lack of complete infrastructure, lack of resources, both human resources and funding sources for client guidance regarding the schedule of child client guidance. Keywords: Children Facing the Law, BAPAS, Law No. 11 of 2012 concerning theJuvenile Justice System
POLITIK HUKUM PENYUSUNAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH sodikun sodikun
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.277

Abstract

Legal politics determines the direction of legal development, if the direction of legal development is laid on a solid foundation and foundation, then the law will provide protection for people's lives. The policy of developing national law is in line with the ideals of the proclamation of the Indonesian nation, to achieve a just and prosperous Indonesia. The preparation of regional budgets has a very important meaning in the same goal of achieving a prosperous society.Legal politics is directed towards the creation of regional revenue and expenditure budgets in accordance with laws and regulations, implementation of the vision, mission and development programs of regional governments, both the Regional Development Work Plan (RKPD), the Regional Medium-Term Development Plan (RPJMD), and the Regional Long-Term Development Plan (RPJMD). RPJPD).The Regional Revenue and Expenditure Budget (APBD) is the basis for regional financial management within 1 (one) fiscal year. The Regional Head is required to prepare a General Budget Policy (KUA)/Priority and Temporary Budget Ceiling (PPAS) based on the Regional Development Work Plan (RKPD). The KUA PPAS, which has been agreed by the regional head with the DPRD, becomes the guideline for regional apparatuses in preparing work plans and budgets for regional apparatus work units. The work plan and budget of the SKPD are submitted to the Regional Financial Management Officer (PPKD) as material for the preparation of the draft Perda APBD for the following year. The process of preparing the Regional Revenue and Expenditure Budget (APBD) begins with the preparation of the draft General Budget Policy (KUA) as well as the Priority and Temporary Budget Ceiling (PPAS) document. Then the two documents were discussed with the DPRD to produce a Memorandum of Understanding between KUA and PPA. Based on the Memorandum of Understanding, the Regional Head submits a circular containing the Guidelines for the Preparation of the RKA-SKPD followed up by the SKPD-SKPD by preparing the RKA SKPD. Furthermore, the Regional Financial Management Officer (PPKD) compiles the RKA SKPD into a Raperda APBD to be discussed and obtain joint approval with the DPRD before being submitted to the evaluation process.
EFEKTIVITAS PELAKSANAAN PERATURAN MENTERI KESEHATAN NOMOR 290 TAHUN 2008 TENTANG PERSETUJUAN TINDAKAN KEDOKTERAN DI FASILITAS PELAYANAN KESEHATAN RUMAH SAKIT GIGI DAN MULUT UNIVERSITAS JENDERAL SOEDIRMAN PURWOKERTO riska nurfadilah; dwi hapsari retnaningrum; kuat puji prayitno
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.272

Abstract

Approval of medical measures is approval given to the patient or the patient'sfamily after getting complete information about the medical action to be done and therisks. According to Decree No. 290 of 2008, all medical measures must be approved.Lawsuits and lawsuits against doctors and hospitals in Indonesia today often occur, oneof which is related to medical records. Based on this background, the author formulatedthe problem of how effective the implementation of medical action approval based onDecree No. 290 of 2008 at Rsgm Unsoed Purwokerto and whether the factors that affectthe effectiveness of the implementation of medical action approval based on Decree.This research is an empirical juridical type of research, which examines legalprovisions derived from secondary data in the form of primary, secondary, and tertiarylegal materials and from primary data obtained from respondents and sources byconducting research in the field in the form of observations and interviews then analyzedqualitatively and the results of analysis are explained by descriptive methods. Thelocation of the study is at purwokerto Dental and Oral Hospital.Based on the results of the analysis, it was concluded that the implementation ofmedical approval at RSGM Unsoed has not been fully effective. Factors that affect theimplementation of approval of medical actions based on Decree No. 290 of 2008 at RsgmUnsoed Purwokerto are factors of legal substance, legal structure and legal culture ofrsgm unsoed community. The substance factor of the law is the director's regulationwhich still does not fully refer to Permenkes 290 of 2008. The legal structure hasconstraints on law enforcement related to the limited number of human-age resourcesthat result in the absence of supervision of the implementation of approval of medical anddentist actions that are not professionalism. Legal cultural factors have constraints in theform of low patient legal awareness, lack of patient knowledge levels, and indifference topatients. Another factor that affects is the infrastructure factor. Suggestions for RSGMUnsoed, among others, need to be made policies related to supervision and enforcementof the implementation of medical action approvals and must be socialized, policies needto be made in the integration unit, the addition of dentists and provide leaflets to takehome related to medical actions that will be carried out by dentists
PERJANJIAN PERDAMAIAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG SEBAGAI BENTUK RESTRUKTURISASI UTANG DI INDONESIA Lintang Ario Pambudi
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.164

Abstract

Pengajuan pailit dapat dilakukan apabila Debitur tidak memenuhi kewajibannya untuk membayar piutang yang telah jatuh tempo kepada dua atau lebih Kreditornya. Debitur dapat menghindari terjadi kepailitan dengan mengajukan perdamaian. Perdamaian dalam Penundaan Kewajiban Pembayaran Utang (PKPU) lebih ditekankan pada rencana penawaran pembayaran atau melakukan restrukturisasi pembauran utang.            Artikel ini bertujuan untuk menganalisis pengaturan perjanjian perdamaian sebagai langkah restrukturisasi utang dalam Penundaan Kewajiban Pembayaran Utang (PKPU) di Indonesia. Metode penelitian yang digunakan adalah penelitian yuridis normatif.  Perdamaian dalam proses PKPU merupakan salah satu jenis perjanjian. Perdamaian berisi salah satunya merupakan rencana  debitur   dalam   melakukan   restrukturisasi   terhadap  utangnya biasanya dengan Rescheduling berkaitan dengan waktu pembayaran berupa pelunasan utang pokok maupun bagi hasil, profit margin, maupun fee yang merupakan kewajiban dari debitor. Selain itu, rescheduling juga dikombinasikan dengan debt to equity swap, hair cut, pengurangan dan penundaan jumlah bunga tertunggak, asset sales dan equity carve-outs serta penambahan utang baru. Perjanjian perdamaian yang telah disahkan (homologasi) oleh pengadilan maka perdamaian tersebut telah memiliki kekuatan hukum yang mengikat bagi Debitor dan para Kreditor
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENDERITA CACAT MENTAL Purna - Nugrahadi
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.151

Abstract

The Integrated Criminal Justice System in the Criminal Code is the basis for the implementation of criminal justice process that really works well. In proving criminal cases, law enforcement is tasked with finding material truths, basing on evidence tools in order to fulfill the elements of the article charged to the Defendant. A person's punishment is not sufficient if the person has committed an act that is against the law or against the law. For criminalization still need to condition, that the person who committed the act has a fault or guilt (subjective guilt), his actions must be accountable to the person. The Indonesian Penal Code does not specifically regulate criminal liability but only regulates the circumstances in which the author is not accountable. This research was compiled using normative juridical research type knowing the determination of the limits of psychiatric aspects, especially people with mental disabilities in criminal liability according to Article 44 of the Criminal Code and a comprehensive understanding of the application of psychiatric aspects in the Criminal Verdict Number: 16/Pid.Sus/2019/PN.Wsb. The limitation of mental disability as stipulated in Article 44 paragraph (1) of the Criminal Code, is medically classified according to the Classification and Diagnosis of Mental Disorders Guidelines (PPDGJ)-III as a clinical reference to determine the classification of mental retardation. The judge may consider visum et Repertum Psikiatricum to assist in presenting elements that can determine the defendant's accountability. The inability to be responsible for people with mental disabilities as a reason for forgiveness cannot be punished. Law enforcement is expected to enforce the Mental Health Screening Guidelines for the Benefit of Law Enforcement. There is a need for regulatory standardization both in internal and joint regulations in the field of law with medical in the application of the determination of the limits of the ability of responsible perpetrators of criminal acts suffering from mental disabilities.
PERLINDUNGAN HUKUM PENGGUNA JASA PT.FIRST TRAVEL SEBAGAI AKIBAT DIKELUARKANNYA PUTUSAN MA NOMOR. 3096 K/PID.SUS/2018 putri ayu sutrisno
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.273

Abstract

ThenumberofMuslimsisverylargeinIndonesia,sotherearemanyprivatepartieswhoopenbusinessesorbusinessesinthefieldofservices,namelytravelbureaustosendIndonesianswhoareMuslimtogotoHajjorUmrah.UsersofHajjdepartureservicesdonotreceivefacilitiesaspromisedbytheorganizers/travelbureauofhajjdeparture/UmrahonthepretextthatconditionsinArabiacannotbepredicted.Theresearchmethodusedinthisresearchisnormativelegalresearch,whichislegalresearchconductedbyexamininglibrarymaterialsormeresecondarydata.MethodsApproachToIveApproach,ConceptualApproach,CaseApproachPreskiptifResearchSpecificationSourceOfPrimaryLegalMaterials,SecondaryLegalMaterials,TertiaryLegalMaterials.Qualitativenormativeanalysismethods.LegalprotectionofserviceusersofPT.FirstTravelthroughanagreementbetweenPT.FirstTravelwithServiceUsersisveryweak,becausetheagreementisdoneinwriting,sothatintheagreementdoesnotclearlycontaintherightsandobligationsofthepartiestotheagreement.LegaleffortsthatcanbemadebyServiceUsersofPT.FirstTravelasaresultoftheissuanceofMaDecreeNo.3096K/Pidsus/2018toregainitsrights,amongothers,underLawNo.8of1999onConsumerProtection,consumerscansuebusinessactorsthroughBPSK(non-litigation)orthroughthecourts(litigation).
TANGGUNG JAWAB PEMERINTAH DAERAH DALAM KASUS GIZI BURUK PADA BALITA DI KABUPATEN CIAMIS Marlina Jaya Diputri
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.216

Abstract

The theory of the Welfare State is the theory which is in line with the basis of the Indonesian state. The welfare state is reflected in the 1945 Constitution of the Republic of Indonesia. Malnutrition, especially in developing countries, including Indonesia, is a problem that is still of concern to the world today. In the duty to tackle malnutrition, local governments have a legal basis, namely Ciamis District Regulation No. 20 of 2011 on Health Implementation.The approach methods are normative juridical, descriptive analytic research specification. Secondary data sources, including statutory regulations, text books, legal dictionaries, legal journals, legal articles. Data collected using literature analysis, presented systematically organized as narrative text, and analyzed using qualitative methods. The results showed that the factors affecting malnutrition among children under five in Ciamis Regency were nutritional intake, family income, maternal education, infectious diseases, environmental sanitation, and basic health services. In addition, the responsibility of the local government of Ciamis Regency is based on the Ciamis Regency Regional Regulation No. 20 of 2011 concerning Health Implementation in Chapter XI concerning Overcoming Nutritional Problems, specifically by carrying out programs such as Supplementary Food (PMT), Infant and Child Feeding (PMBA), Healthy Living Community Movement (GERMAS), Nutrition-Conscious Family (KADARZI), Youth Care Health Service (PKPR), Golden Chain innovation, Movement to Prevent Stunting, Sijaga, Gumelis and in 2021 there will be the DeBes movement (Stunting Free Village), and the integrated health post movement that cares about stunting.
PERAN PT BANK PEMBANGUNAN DAERAH JAWA BARAT DAN BANTEN DALAM MENCEGAH TINDAK PIDANA PENCUCIAN UANG (STUDI DI KOTA CIREBON) ajeng novita sari
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.275

Abstract

Banks are financial institutions that are a place for individuals, state-owned enterprises, private business entities, even government institutions to store their funds. Money laundering is a difficult problem to prove. Money laundering is often done by utilizing the services or facilities provided by banks. The Financial Services Authority is an institution established under Law No. 21 of 2011. This institution was established to conduct supervision of the financial services industry in an integrated manner in preventing the occurrence of money laundering crimes. The Financial Transaction Reporting and Analysis Center (PPATK) is an independent institution that is tasked with combating money laundering in Indonesia. Its two main tasks are to detect the occurrence of money laundering crimes and assist law enforcement related to money laundering and predicate crimes.This research aims to analyze the role of PT Bank Pembangunan Daerah West Java and Banten (Bank bjb) in preventing money laundering and analyze inhibiting factors in preventing money laundering crimes in PT Bank Pembangunan Daerah West Java and Banten (Bank bjb) Cirebon. This research was conducted using sociological juridical legal research methods (socio-legal research). The collected legal materials will be comprehensively reviewed and analyzed deductively with systematic presentation.In this study it can be concluded that the role of Bank bjb in preventing money laundering crimes has been effectively carried out. This is evidenced by the results of bank bjb procedure that identifies / verivikasi customer data / prospective customer / walk in customer through bjb AMOLA so that customer data / prospective customers can be accessed through BJB AMOLA by using From Identification TKM so that Bank bjb becomes a healthy Bank. Inhibiting Factors in Tackling Money Laundering Crimes at PT Bank Pembangunan Daerah West Java and Banten (Bank bjb) Cirebon is a factor of law enforcement itself, which is related to juridical and technical constraints in finding evidence in finding evidence in conducting the results of identification, verification and monitoring of transactions carried out by money laundering criminals and the difficulty of asking for information from banks about the deposits of perpetrators against banks if money is made. The proceeds of the crime are stored in an account that does not belong to the perpetrator but is stored in the account of another party. In addition, there are still some customers who do not update data to Customer Service so as to cause a difference between the amount of income and the customer profile.
MODEL PERADILAN TINDAK PIDANA PEMILU, ANTARA CRIME CONTROL MODEL, DUE PROCESS MODEL, ATAU PERADILAN KHUSUS ? saleh darmawan
Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2021.7.2.186

Abstract

The criminal proceedings for the 2019 Election are carried out based on the Criminal Procedure Code, as long as Law Number 7 of 2017. That is not stipulated otherwise by Law Number 7 of 2017. That is the essence of what is contained in Article 477 of Law Number 7 of 2017 concerning General Elections. The rules regarding the procedural process for election criminal justice contained in Law Number 7 of 2017 along with its implementing regulations have created a framework for a separate judicial system that is different from the general criminal procedural law as regulated in the KUHAP, even though the KUHAP is stated as the main basis for implementation. Election criminal procedure law. The use of the Criminal Procedure Code as the main guideline for handling election crimes has consequences for the criminal justice model Crime Control Model and the Due Process Model in the election criminal justice process.Keywords: Election Crime Court

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