Justisi : Jurnal Ilmu Hukum
JUSTISI Jurnal Ilmu Hukum adalah jurnal akademik yang diterbitkan oleh Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang. JUSTISI Jurnal Ilmu Hukum pertama kali diterbitkan pada bulan september 2016, yang telah memuat artikel-artikel pendidikan khususnya ilmu hukum dan akan mewadahi serta memfasilitasi hasil penelitian dosen dan mahasiswa dalam pengembangan keilmuan hukum. JUSTISI Jurnal Ilmu Hukum terbit 2 kali dalam 1 tahun di bulan September dan Maret pada setiap volumenya.
Articles
84 Documents
<![CDATA[JURIDICAL REVIEW OF POLYGAMY PERFORMED BY CIVIL SERVANTS VIEWED FROM GOVERNMENT REGULATION NUMBER 45 OF 1990 (STUDY OF DECISION NUMBER 325/PDT.G/2019/PA.PWL) ]]>
<![CDATA[Windi Destriyanti]]>;
<![CDATA[Muhamad Gary Gagarin Akbar]]>;
<![CDATA[Zarisnov Arafat]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5773
<![CDATA[Polygamy for civil servants is contained in Government Regulation Number 45 of 1990 amendment to Government Regulation Number 10 of 1983 concerning marriage and divorce permits for civil servants. The problems raised in this study are how to regulate polygamy carried out by civil servants based on Government Regulation Number 45 of 1990 concerning marriage and divorce permits for civil servants and how judges consider them in granting case requests number 325/Pdt.G/2019/PA. Pwl. The purpose of this study is to find out the polygamy arrangements carried out by civil servants based on Government Regulation Number 45 of 1990 concerning marriage and divorce permits for civil servants and judges' considerations in granting case requests number 325/Pdt.G/2019/PA.Pwl. This research is a type of qualitative research that uses a normative juridical approach, namely a research approach by researching and studying research objects through library research. As for the author's hypothesis that polygamy practiced by civil servants must be in accordance with the applicable laws and regulations, namely Government Regulation number 45 of 1990 concerning marriage and divorce permits for civil servants/ASN. As formulated in Article 4.]]>
<![CDATA[LEGAL PROTECTION OF CHILDREN AFTER DIVORCE DIVORCE RELATED TO ACT NUMBER 16 OF 2019 AMENDMENT TO ACT NUMBER 1 OF 1974 CONCERNING MARRIAGE (Decision Study Number 1145/pdt.g/2020/PA.Krw) ]]>
<![CDATA[Jihan Alfadia]]>;
<![CDATA[Muhamad Abas]]>;
<![CDATA[Zarisnov Arafat]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5774
<![CDATA[Child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and values, and receive protection from violence and discrimination. Divorce so far often creates problems inherent in children's rights, namely the right to education, health, maintenance costs and so on. In Law Number 1 of 1974 concerning Marriage, it mentions the rights and obligations between parents and children. It is stated in Law Number 1 of 1974 Article 45 Paragraph 1 namely: "Both parents are obliged to look after and educate their children as well as possible, while Paragraph 2 states that: The obligations of the parents referred to in Paragraph I apply until the child marries or can stand-alone. Which obligations continue even though the marriage between the two is broked, the obligation to provide maintenance for their child is not broken and the child still gets his rights as a child. The purpose of this research is to find out the legal protection of children after divorce and to find out the considerations of judges in deciding about legal protection of children after divorce.]]>
<![CDATA[CURRENT CONDITIONS FOR THE PROVIDENT OF CIVIL MEASURES CONTRA DROGS CONTRACTING CLASS I PARTIELLE ON THE BASIS OF LEGISLATION No. 35 OF 2009 ON DRUGS (Study of Judgment No. 446/Pid.Sus/2020/PN.Gpr) ]]>
<![CDATA[Jasa Sudjana]]>;
<![CDATA[Deny Guntara]]>;
<![CDATA[Yuniar Rahmatiar]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5775
<![CDATA[Narcotics abuse is an act of crime, the problem of narcotics abuse has a very negative and detrimental impact both in terms of law, health, economics, politics, and socio-cultural life. Narcotics abuse has been regulated in Article 127 of Law No. 35 of 2009 concerning Narcotics. As for the identification of the problem in this research study regarding the imposition of punishment against the perpetrators of the crime of class I drug abuse for themselves according to Law No. 35 of 2009 concerning Narcotics and what are the considerations of the panel of judges in deciding a case against the perpetrators of the crime of class I drug abuse for themselves himself in decision no 446/Pid.Sus/2020/PN.Gpr. In this study the aims were to find out the sentence imposed on the perpetrators of the crime of class 1 narcotics abuse for themselves according to Law No. 35 of 2009 and to find out the considerations of the panel of judges in deciding a case against the perpetrators of the crime of class I narcotics abuse for themselves in the decision number 446/Pid.Sus/2020/PN.Gpr. The research method used in this study is a normative juridical research method using secondary data as the main data. The results of this study are based on Law No. 35 of 2009 concerning Narcotics that perpetrators of class I drug abuse for themselves should receive medical and social rehabilitation, and the Decision of the Kediri District Court Number 446/Pid.Sus/2020PN.Gpr according to researchers there was a mistake and not in accordance with Law No. 35 of 2009 concerning Narcotics.]]>
<![CDATA[LEGAL CONSEQUENCES OF DELAY REPORTING OF SHARE ACQUISITION BETWEEN PT. AGRO PRATAMA AND PT. DHARMA SATYA NUSANTARA BASED ON LAW NUMBER 5 OF 1999 CONCERNING PROHIBITION OF MONOPOLY PRACTICES AND UNFAIR BUSINESS COMPETITION (KPPU Case Study Number 29/KPPU-M ]]>
<![CDATA[Annisa Putri azra]]>;
<![CDATA[Anwar Hidayat]]>;
<![CDATA[Yuniar Rahmatiar]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5776
<![CDATA[The acquisition of a company is a legal act carried out by a legal entity or an individual to take over the shares of a company by purchasing a portion or the entire wealth of the company. The problem identified in this research is why reporting of company share acquisitions to the Commission for the Supervision of Business Competition (KPPU) is only related to acquisitions that have material value and what are the legal consequences of the delay in acquiring company shares in Case Number 29/KPPU-M/2019. The purpose of this research is to understand the reasons why reporting of company share acquisitions to the KPPU is only related to acquisitions that have material value and to determine the legal consequences of the delay in acquiring company shares in Case Number 29/KPPU-M/2019. This research uses a normative juridical approach. The data collection technique used in this research is literature study using primary legal materials and secondary legal materials as data sources. In conclusion, the rules regarding non-material reporting are not explicitly stated in KPPU Regulation Number 1 of 2009 concerning Pre-Notification, Mergers, Consolidations, Acquisitions, and Takeovers. As for the alleged delay in reporting in the acquisition of the company, PT. Dharma Satya Nusantara is required to pay an administrative fine as a consequence of the delayed reporting, as stipulated in Article 29(1) of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition.]]>
<![CDATA[OPTIMALIZATION OF THE ROLE AND FUNCTIONS OF THE LOCAL PROPERTY BOARD IN THE SUPERVISION OF THE USE OF LIMITED LANDS IN THE CABITATES OF THE NATIONS RELATED TO THE LAW NUMBER 17 OF 2014 (Case Study at the People's Representative Council of Karawang Distri ]]>
<![CDATA[Norma Indah Nur Fitrianingsih]]>;
<![CDATA[Muhamad Gary Gagarin Akbar]]>;
<![CDATA[Sartika Dewi]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5777
<![CDATA[Law Number 9 of 2015 concerning the Second Amendment to Law Number 23 of 2014 concerning Regional Government is used as one of the formal sources in Indonesia. So that every government activity carried out must be in accordance with these regulations. The phenomenon that occurs in Karawang Regency is that there is still a lack of supervision carried out by the Karawang DPRD so this research wants to discuss the role and function of DPRD supervision in supervising the regional budget and what obstacles are experienced in carrying out this supervision. The purpose of this study is to find out what kind of supervision is carried out by the DPRD of Karawang Regency in supervising the regional budget. This research is a type of qualitative research that uses a normative juridical approach, namely by going through library materials and the results of direct interviews in the field. The results of his research are that the Karawang DPRD has not been optimal in overseeing the use of the budget, this can be proven from the findings of the BPK which continues to increase every year and the obstacles experienced by the DPRD, namely technical constraints.]]>
<![CDATA[JURIDICAL REVIEW OF UNILATERAL ENGAGEMENT ANNULMENT AS AN UNLAWFUN ACT IN CONNECTION WITH CODE OF CIVIL LAW (CASE STUDY OF DECISION NUMBER 45/Pdt.G/2019/PN.Sng) ]]>
<![CDATA[Yustya Laraswati]]>;
<![CDATA[Yuniar Rahmatiar]]>;
<![CDATA[Muhamad Abas]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v8i2.5780
<![CDATA[According to Al-Hamdani, engagement is a man's request for another person's daughter or a woman who is under someone's guardianship, as an introduction before marriage. Engagement as a planned action is undeniable that it can be canceled for that action. The problems raised in this study are how the unlawful act in canceling a unilateral engagement according to the Civil Code and how the judge's considerations in lawsuit No. 45/Pdt.G/2019/PN.Sng. The purpose of this study is to find out how the cancellation of the engagement is said to be an unlawful act and to see the judge's considerations in granting the lawsuit Number: 45/Pdt.G/2019/PN.Sng. The research method used is a qualitative research method. Using a normative juridical approach and using data analysis methods, legal reasoning is problematic. The results of this study show that, in the decision of case No.45/Pdt.G/2019/PN.Sng, the judge considered that: unilateral cancellation of engagement categorized as unlawful acts is correct, in accordance with Article 1365 of the Civil Code. The Defendant unilaterally cancelled the engagement with the Plaintiff which has violated the norms of decency and decency in society.]]>
<![CDATA[NETIZENS OPINIONS ON LAW ENFORCEMENT AND SOCIAL RESPONSIBILITY ]]>
<![CDATA[Hartanto, Hartanto]]>;
<![CDATA[Santoso, Agus]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v9i2.5474
<![CDATA[Netizens/netizens in Indonesia have a role in the disclosure of several legal cases. Therefore, this study aims to capture how the opinions and aspirations (Opinions) of netizens related to the positive law enforcement process in the criminal case of theft of cocoa beans charged to Grandma Minah (Case No. 247/Pid.B/2009/PN. PWT). The case of Grandma Minah is considered a case that disturbs the community's sense of justice. Netizens assessed that dragging Grandma Minah into the legal process just because of the theft of 3 cocoa grains was an irony and contrary to conscience. Netizens contrast the disparity between the firmness of law enforcement in the Grandma Minah case and the firmness of law enforcement in corruption cases or cases involving the rulers and the powerful. The spirit of Law 40/2007 on the Company directs the existence of corporate social responsibility (CSR) which can also be used as a benchmark to view this case. In this study, the opinions of netizens are classified as positive because they hope that the law can be more just, humane and conscientious. However, in the future, the potential for the opinions of netizens, which is sometimes also based on minimal data/facts, has the potential to distort the independence of judges.]]>
<![CDATA[THE APPLICATION OF DIFFERENT CRIMINAL SANCTIONS AGAINST DRUG ABUSERS IS CONNECTED WITH ARTICLE 112 PARAGRAPH (1) OF LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS ]]>
<![CDATA[Habibah, Tira]]>;
<![CDATA[Hidayat, Anwar]]>;
<![CDATA[Dewi, Sartika]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v9i1.6385
<![CDATA[The application of different criminal sanctions or criminal disparities is the application of criminal sanctions, in this case the application of criminal sanctions that are not the same or for criminal acts whose dangerous nature can be compared without a clear basis for awarding them. The problem raised in this study is how the Judge considers in applying different criminal sanctions against narcotics abusers in decision number 203/Pid.Sus/2021/Pn.Blt and number 295/Pid.Sus/ 2021/PN.Blt and what are the factors that result in differences in the application of criminal sanctions to the two decisions above. This study uses a normative juridical approach. The results of this study are the Judge's considerations in decision number 203/Pid.Sus/2021/Pn.Blt The Judge based on the legal facts revealed at the trial that the Defendant Yamsul Arifin was an abuser for himself so that the Judge in applying criminal sanctions deviated from special minimum criminal provisions in Article 112 paragraph (1), while the Judge's consideration in decision number 295/Pid.Sus/2021/Pn.Blt that the Defendant Elysa Sadola is a trafficker so the Judge continues to apply a sentence between the minimum and maximum limits specifically in Article 112 paragraph (1) Law Number 35 of 2009 concerning Narcotics. Then the factors that result in the application of different criminal sanctions against narcotics abusers in the two decisions are differences in legal facts revealed in court, there are multiple interpretations in Article 112 paragraph (1), discretion or freedom of judges, and the absence of sentencing guidelines.]]>
<![CDATA[JURIDICAL REVIEW OF MARRIAGE ANNULMENT DUE TO IDENTITY FORGERY ACCORDING TO ARTICLE 27 OF LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE ]]>
<![CDATA[S.A, Rd.N.Sayyidatussa'adah]]>;
<![CDATA[Abas, Muhamad]]>;
<![CDATA[Dewi, Sartika]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v9i1.6524
<![CDATA[Marriage is living together of a man and a woman who meet certain conditions, a marriage can be annulled due to a violation of the prohibition, this shows the damage or cancellation of something that is prohibited because it does not meet the requirements and harmony according to the law. The issues raised in this study are how marriages are annulled as a result of identity falsification according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and how are the judge's considerations regarding word number 1767/Pdt.G/2017 /PA. Krw. The purpose of this research is to find out the cancellation of marriage due to falsification of identity according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and to find out the judge's considerations regarding word number 1767/Pdt.G/2017/PA .Krw. In this study the authors used a type of qualitative research using the Normative Juridical approach, the purpose of which was to analyze the problem by examining legal materials. The result of the author's research are in the decision 1767/Pdt.G/2017/PA.Krw. The existence of an annulment of marriage related to carrying out a marriage with identity falsification carried out by the husband and the implementation of the marriage has violated Article 27 paragraph (2) of Law Number 1 1974 which has been amended by law number 16 of 2019 about Marriage. The cancellation of the marriage itself is when a marriage that has taken place can be canceled if one of the parties does not meet the conditions set for the marriage. as a result, the marriage that was carried out immediately broke up and was considered as if it had never existed.]]>
<![CDATA[JURIDICAL REVIEW OF THE MARRIAGE BAN OF INDIGENOUS PEOPLES OF MIRAH VILLAGE AND GOLAN VILLAGE, SUKOREJO DISTRICT, PONOROGO REGENCY IS REVIEWED FROM LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE ]]>
<![CDATA[Amanda Salsabila Surya]]>;
<![CDATA[Rahmatiar, Yuniar]]>;
<![CDATA[Asyhadi, Farhan]]>
<![CDATA[ Justisi: Jurnal Ilmu Hukum Vol 9 No 1 (2024): Justisi: Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36805/jjih.v9i1.6525
<![CDATA[The existence of customary law is a source of law in Indonesia, to be precise in Mirah Village and Golan Village, Sukerojo District, Ponorogo District. There is a customary rule that prohibits the two villages from carrying out a marriage. the worst is death. This can be seen from the discrepancy that exists between the customary law of the Mirah people and the Golanese people and the national law, whereas in the national law there is nothing that regulates the prohibition of inter-regional marriages. This research contains identification of the problem of how in the villages of Mirah and Golan there was a prohibition on inter-regional marriages and how to analyze the juridical prohibition on marriages of the Mirah and Golan Indigenous Peoples when viewed from Law Number 1 of 1974 concerning Marriage. This research aims to determine the prohibition on marriage between Mirah village and Golan village and to find out the juridical analysis of the prohibition on marriage between Mirah village and Golan village when viewed from Law Number 1 of 1974 concerning Marriage. This research method uses the Normative Juridical research type. Research Results The prohibition on marriage between Mirah and Golan villages occurs because there is an oath from the ancestors which is still adhered to today and has become a legal rule for both communities and that in Law Number 1 of 1974 Article 6 and Article 8 letter F includes the rules related to the ban on marriage that occurred in the villages of Mirah and Golan.]]>
