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PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM
ISSN : 2338333X     EISSN : 27751104     DOI : -
Core Subject : Education, Social,
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM adalah jurnal yang di kelola oleh fakultas hukum universitas kapuas sintang. jurnal Perahu selalu memberikan yang terbaik tentang kajian kajian hukum secara ilmiah dan terukur sesuai dengan judul penelitian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 204 Documents
PERAN PEMERINTAH DALAM PERLINDUNGAN KONSUMEN TERHADAP PERNIAGAAN PAKAIAN BEKAS IMPOR PASCA BERLAKUNYA PERATURAN MENTERI PERDAGANGAN NOMOR 40 TAHUN 2022 Mansyurin, Muhammad Roikhan; Rani Apriani
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 12 No 2 (2024): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v12i2.1135

Abstract

This research aims to find out the legal protection of consumers on the trade in imported used clothing and the government's efforts in providing guidance and supervision of the trade in imported used clothing by business actors after the enactment of Regulation of the Minister of Trade Number 40 of 2022 concerning Amendments to Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import. The research method used in this research is normative juridical with secondary data in the form of laws and regulations, books, legal scientific works related to research. The results showed that after the enactment of Regulation of the Minister of Trade Number 40 of 2022, the government was increasingly assertive in taking action against smugglers of imported used clothing and business actors who traded in imported used clothing by closing shopping centres for imported used clothing which aimed to provide protection to consumers while still paying attention to the rights of business actors. The government has carried out its obligation to provide guidance and supervision of consumer protection as mandated in the consumer protection law.
PERLINDUNGAN HAK TAGIH KREDITOR DENGAN JAMINNAN HAK ATAS TANAH BERBENTUK NOTARIS Aryanto, Dafa; Sufiarina; Marbun, MT; Tihadanah
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 12 No 2 (2024): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v12i2.1191

Abstract

Article 1131 of the Indonesian Civil Code stipulates a general guarantee on the property rights of all debtors. Meanwhile, Article 1132 refers to a specific guarantee directed only at certain properties. For instance, suppose a debtor provides collateral for debt repayment by designating a specific piece of land in a notarial deed. In this case, it is essential to examine the legal status of the creditor who accepts the guarantee, as well as the legal protections available to the creditor if the debtor fails to repay the debt as agreed. This research aims to examine the legal standing of creditors who accept land guarantees in the form of a notarial deed as well as to comprehend the legal protections available to creditors when the debtor fails to repay the debt as agreed and the protective measures or actions creditors can initiate. To achieve this objective, a normative juridical research methodology was adopted with a legislative approach, focusing on the rules regarding property guarantees and the regulation of land mortgage rights as collateral. The obtained results shows that the designation of specific land in a notarial deed as collateral for debt repayment did not provide preferential rights to the creditor. Following the findings of this investigation, it is recommended that the guarantee of land rights be formalized through a deed of encumbrance on land rights executed by the Land Deeds Official (PPAT). However, in the absence of a voluntary resolution, the creditor can only protect claimed rights by filing a breach-of-contract lawsuit.
KEBOCORAN 91 JUTA DATA PRIBADI KONSUMEN APLIKASI TOKOPEDIA: STUDI NORMATIF DAN TANGGUNGJAWAB Christmas, Grace
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1324

Abstract

Personal data leaks in Indonesia have been occurring continuously. On March 20, 2020, approximately 91 million user accounts and 7 million merchant accounts were allegedly leaked from Tokopedia, encompassing information such as user ID, email, full name, date of birth, gender, phone number, and hashed passwords. Research conducted regarding this data breach utilized normative research analysis methods, focusing on qualitative descriptive data. This approach allows researchers to understand and analyze the legal context governing personal data protection in Indonesia. In this case, the analysis focuses on several applicable laws aimed at protecting users' personal data from unwanted leaks and court rulings related to consumer personal data breaches from Tokopedia. Based on the ruling, Tokopedia was found to have committed a breach of contract, meaning the platform failed to meet its legal obligations and responsibilities to safeguard users' personal data. Consumers who feel harmed by this leak have the right to file a lawsuit or report the case to the Minister of Communication and Information of the Republic of Indonesia. This aims to hold Tokopedia accountable as an Electronic System Provider, aligning with established regulations and ensuring the protection of consumer rights in an increasingly complex digital era.
PERTANGGUNGJAWABAN TINDAK PIDANA PENCURIAN BARANG MILIK PENUMPANG (STUDI KASUS PENCURIAN BARANG PENUMPANG BUS ROSALIA INDAH) Pratama, Renaldi Raka; Sumanto, Anatasia Ruli
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1254

Abstract

Theft is one type of crime that often occurs in various places, including in the transportation process. Theft of passengers' belongings during transportation by an Otobus Company (PO) is a problem that is often faced. This study aims to analyze the responsibility of PO Rosalia Indah for the loss of passenger goods, especially in the case of theft in their bus fleet. The method used is normative legal research that refers to primary and secondary basic materials through literature study and documentary study. Based on Indonesian laws and regulations, including the Criminal Code, KUHD, Law No. 22 of 2009 on Road Traffic and Transportation, and Law No. 8 of 1999 on Consumer Protection, POs are liable for passenger losses if negligence is proven, even if there is a clause in the ticket stating otherwise. The results show that passengers have a strong legal basis to claim damages, and PO Rosalia Indah should improve its security and service standards to ensure the safety of passengers' luggage. This is important not only for legal compliance but also to maintain customer trust and satisfaction.
HAK KEKAYAAN INTELEKTUAL DAN INOVASI PERLINDUNGAN HUKUM UNTUK PENGEMBANGAN EKONOMI Minarti, Tri
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1270

Abstract

This study examines the role of Intellectual Property Rights (IPR) and innovation as legal protection in economic development. IPR protection is found to have significant economic, social, and legal implications, playing a crucial role in supporting innovation and sustainable economic growth. By protecting intellectual creations, IPR provides incentives for innovators and creators to produce new works, which in turn increases productivity and economic efficiency. This study aims to ; identify the economic, social, and legal implications of IPR protection, analyze the role of IPR in encouraging innovation and sustainable economic growth, evaluate the effectiveness of the IPR protection system in Indonesia and its impact on economic development. This research employed literature review and document analysis.. The analysis was conducted to identify the relationship between IP protection and innovation, as well as its impact on economic growth. A comparative approach was also used to compare the IP protection system in Indonesia with other countries. Conclusion: Intellectual Property Rights (IP) protection has a significant impact on innovation and economic growth. By granting exclusive rights to inventors and creators, IP encourages investment in research and development, creates new jobs, and increases gross domestic product (GDP). Furthermore, IP also contributes to improving public welfare through innovative products and services that enhance the quality of life. In a legal context, a strong IP protection system strengthens legal institutions and provides an effective dispute resolution mechanism. Therefore, strengthening the IP protection system and its enforcement is crucial to supporting sustainable economic development.
PENYELESAIAN SENGKETA DALAM UNDANG-UNDANG PERLINDUNGAN KONSUMEN DI INDONESIA Andreawan, Yudo
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1290

Abstract

In recent years, there has been an encouraging increase in the attention paid by behavioral scientists to the legal system. A great deal—a great deal of jurisprudential thought—has been process-oriented. Theorists have done so with regard to the way decisions are made—whether precedent, race, education, social background, personality, or other factors influence judges toward one side or another in a particular controversy. Of course, scholars are very interested in the legal outcomes of these institutions, but they often limit the definition of output to outcomes or decisions and are not concerned with other types of decisions formal legal regulations output. Decisions (or outcomes) are unique applications of pre-existing rules. In resolving consumer disputes, the consumer's position is often a weak bargaining position. This means that consumers cannot exercise their rights in terms of evidence at trial. Even though the burden of proof is on the defendant, often in his decision the judge imposes the same burden of proof on the defendant. This is not in line with the legal nawacita made by the drafters of the consumer protection law, that consumers are the ones who occupy the highest position if a dispute occurs in court.
KETERANGAN AHLI VISUM ET REPERTUM DALAM PEMBUKTIAN PERKARA KEKERASAN DALAM RUMAH TANGGA Salim, Kartika Agus
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1302

Abstract

Based on Article 183 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), it can be concluded that before a judge imposes a crime on a suspect/defendant, the judge needs two pieces of evidence. This evidence serves to strengthen the judge's confidence in the criminal act committed by the suspect/defendant. However, at the conference stage at the Sintang District Court Session, the expert witness who was requested was not present and at the conference the one who read the statement was the Public Prosecutor, so according to the researcher the expert witness was absent but the conference continued and in the end the expert witness' statement was confirmed even though he was not present in person. offline but online. Therefore, the author was interested in conducting a study entitled "Expert's Statement on Visum Et Repertum in Proving Domestic Violence Cases (Case Study of Decision Number 16/Pid. Sus/2023/PN. Stg.   The power of the Visum et Repertum as documentary evidence in revealing a criminal offense that has been imposed. Visum et Repertum is evidence that cannot be used without being supported by other evidence, so Visum et Repertum cannot be said to be evidence that stands alone.  Violence against women, and applied to national laws and regulations, Law Number 23 of 2004 concerning the Elimination of Domestic Violence. These laws and regulations regulate clearly and in detail the forms of violence, criminal sanctions received by perpetrators, the rights of victims of domestic violence and regulate protection for victims of domestic violence, both temporarily and by issuing protection orders from the court.  From the judge's considerations above, the defendant's actions fulfilled the elements contained in article 44 paragraph (1) of Law number 23 of 2004 concerning Domestic Violence.  So the defendant was found guilty of committing the crime of domestic violence. During the trial examination, no justification or excuse was found so that the defendant could be held responsible and could be accused of violating the provisions of the criminal charge.
Restorative Justice Sebagai Alternatif Penyelesaian Kasus Pemeliharaan Landak Langka di Bali : RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PENYELESAIAN KASUS PEMELIHARAAN LANDAK LANGKA DI BALI Romadhon, Ahnaf Nur Fauzan; Fatahillah, Ikhwan Aulia
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1309

Abstract

The concept of restorative justice is explored as an alternative approach to resolving conservation violations caused by ignorance, as demonstrated in the case of I Nyoman Sukena in Indonesia. This study aims to examine the potential for restorative justice to address such cases more humanely and effectively. A normative juridical method is applied, focusing on legal regulations and case analysis related to wildlife conservation. The findings indicate that restorative justice, emphasizing dialogue and education, can prevent recurrence and foster public awareness about protected species without imposing strict criminal sanctions. This approach, which aligns with Indonesian societal values, can reduce the judicial burden and support conservation goals.
PERJANJIAN TEMPAT PENITIPAN ANAK ORANG TUA YANG KURANG MAMPU DENGAN PERKUMPULAN SUNGAI KEHIDUPAN BORNEO TINJAUAN PASAL 1320 KUH PERDATA Safarianingsih, Rini
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1320

Abstract

Handing over a child to a place of care in the form of an association is a hope for every parent who is unable to help with their child's education as long as the child is not yet able to carry out activities that generate income for themselves. With the existence of a religious-based day care that helps parents of children to educate and send them to school, it is hoped that this can help for the child's growth and development and future. Handing over child care is in accordance with the objectives, so both parties need to make an agreement regarding matters agreed in the interests of the child. The research method used is a descriptive analysis research method, the author conducted research on problems related to the validity of child care agreements made by parents with the Borneo Life River day care center in Melawi Regency.In discussion, the agreement between the child's parents and the Borneo River of Life service association is carried out on the basis of an agreement between both parties, if the child is accepted and fulfills several requirements requested by the association, the children under the auspices of the Borneo River of Life Association will provide the agreed regulations. Based on the description above, it can be concluded that the parent-child agreement with the Borneo Life River Association is an agreement with elements of good faith and trust where parents entrust their children to the Association so that the child can get a decent life and education from the Association and to realize their dreams.  The Borneo River of Life Association in accepting students is selected by paying attention to the child's background and providing a decent education and life for the child. In order to realize the nation's ideals in general, namely realizing intelligence in the life of the nation and state. Apart from that, the Borneo River of Life Association in nurturing students focuses on religious services.
PENYELESAIAN TERHADAP KASUS ENCURI SARANG BURUNG WALET DI DESA PENAI BERDASARKAN HUKUM ADAT DAYAK SEBARUK Sugianto
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1325

Abstract

He existence of customary criminal law that applies in community life is a reflection of the daily life of the people living in the area. Each region has different customary criminal laws according to the customs that exist in that area, so that there are regions that have customary law rules that are almost the same as other regions and there are also regions where the application of customary law is completely different from other regions. The customary laws that apply in an area also depend on the customs adopted by the local community. The resolution of cases of theft can be carried out by the Traditional Leader using the customary laws that apply in the area. Customary law applies in another area, even for the same criminal offense depending on the decision made by the traditional administrator. Customary sanctions can be given to the head of a criminal, including: the obligation to pay a fine, being publicly humiliated, being expelled from the village area for perpetrators who live in the village and other customary sanctions based on the decision of the traditional leader.he traditional sanctions for stealing Sebaruk Dayak Rp.      540,000, Amaount: Rp. 50,940,000 (fifty million nine hundred and forty thousand rupiah). The Sebaruk Dayak sub-tribe community in resolving minor crimes still adheres to customary criminal law which is still trusted by the local community.

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