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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 162 Documents
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CRYPTO ASSETS AS FIDUCIARY COLLATERAL Cornelis, Vieta Imelda; Astutik, Sri; Indra , Silvester Novalino
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9490

Abstract

the legality of cryptoassets as collateral in debts and receivables in Indonesia. Cryptocurrencies, which continue to evolve as digital financial instruments, have posed new challenges to the traditional legal system. In the context of debt and credit, the legality of using crypto assets as collateral is questionable due to the absence of clear and specific regulations. This research uses a normative juridical approach by analysing existing laws and regulations and related literature. The results show that although crypto assets have not been explicitly regulated in Indonesian law, the potential for their use as collateral for debt and credit remains with certain conditions. To realise legal certainty, more specific regulations related to crypto assets are needed, including monitoring mechanisms and regulation of their use as collateral. This is important to protect the interests of creditors and debtors and maintain financial system stability.
CHALLENGES AND SOLUTIONS FOR DEMOCRATIC STABILITY IN INDONESIA AFTER THE CANCELLATION OF ELECTION REGULATIONS Hasudungan Hutagalung, Henokh; Sugianto; Sanusi, Anwar
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9532

Abstract

This paper explores the impact of the cancellation of electoral regulations, specifically PKPU No. 9 of 2020, on the stability of democracy in Indonesia. The decision by the Indonesian Supreme Court (Mahkamah Agung RI) to annul this regulation has created significant legal uncertainty, potentially disrupting the simultaneous regional elections (Pilkada). This study aims to analyze the challenges faced by the government and the General Election Commission (KPU) in responding to this decision, and to evaluate solutions that can be implemented to maintain democratic stability. Utilizing a qualitative analysis method, the paper identifies key issues such as regulatory changes, the potential delay of Pilkada, and increased administrative burdens. The findings highlight the importance of legal certainty and effective coordination among the government, election authorities, and the public to address these challenges. The study also proposes several solutions to enhance the electoral process and uphold democratic integrity in the future.
EXPLORING THE ROLE OF QUICK COUNT IN ELECTIONS: BETWEEN TRANSPARENCY AND CONTROVERSY Pabiangan, Netty; Sukardi, Didi; Setiawan, Edy
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9533

Abstract

Quick count is a method of counting election results that is carried out by taking samples of votes from some polling stations (TPS) to predict the final results of the election. Quick counts have become essential in the democratic process, providing fast and accurate preliminary information about election results and serving as a social control tool that prevents fraud. However, the quick count is also not free from controversy. Some parties doubt the accuracy and independence of the survey institutions that conduct the quick count, given the potential for bias and political pressure. In addition, the quick count results that are different from the official results from the KPU (General Election Commission) can trigger tension and distrust among the public. Therefore, survey institutions must maintain integrity and transparency in implementing quick counts to ensure public trust and legitimacy of the election process.
APPLICATION OF DIVERSION OF BULLYING CRIMES AGAINST CHILDREN WITH DISABILITIES Komariah, Mamay; Haris, Abdul; Ismayana
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9534

Abstract

Children are an inseparable part of the growth of a nation. Law Number 35 of 2014 concerning Child Protection. Objectives of the study: 1. To find out how the diversion of crimes committed by children is applied at the prosecutor's level. 2. To find out the obstacles law enforcement faces against child violence. Bullying occurred on September 19, 2022, in Bojong Village, Susukan District, Cirebon Regency. Three high school teenagers bullied people with disabilities whose news had gone viral on social media. In this case, the perpetrator was a minor, committing acts of violence against a child with disabilities by mocking and kicking the victim. Individual law enforcement that is not strong will result in crimes or criminal acts that result in people committing criminal acts due to ineffective law enforcement. This study uses an empirical juridical method, which is carried out on facts or events related to the problems in this thesis, using qualitative descriptive where the data obtained from both library studies and interviews will be analyzed by explaining and explaining the results of the research object, then describing the results of the research in the form of mapping the problem after the process will conclude. Based on the research, it can be concluded that the procedural implementation of Diversion efforts at the Cirebon District Attorney's Office has been under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, it is not optimal in terms of substance. Of the 17 cases that entered the 2022-2023 period, 10 should have been able to be done, but only 5 cases were successfully pursued by the JPU. The inhibiting factors include weaknesses in Law No. 11 of 2012 SPPA and the community's mindset that considers settlement through Diversi detrimental to the victim.
LEGAL PROTECTION FOR WORKERS ON OCCUPATIONAL SAFETY AT PT. MEGA RAYA PROPERTY Kaenama Muhammad, Yunan; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9535

Abstract

The implementation of occupational safety has the primary goal of improving and maintaining all workers' physical, mental, and social welfare in all types of work, preventing health problems caused by work, and avoiding accidents during work. Cirebon is one area famous for its significant progress in industrial development, one of which is in the construction sector. These jobs have a high risk of work accidents during the construction process of construction projects because work safety standards are still inadequate. This is evidence of the lack of attention to the importance of occupational safety in construction work. In this study, a normative juridical approach method is used, namely literature law research, which is carried out by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The study results show that: (1) The form of legal protection in PT. Mega Raya Property uses a form of preventive legal protection because the company uses its policies in the employment agreement in the form of an oral agreement, so the form of legal protection for workers is not optimal because workers do not get their rights optimally and clearly if something happens. (2) The efforts to resolve work accident cases experienced by workers have been carried out based on the policy of PT. Mega Raya Property is per Government Regulation Number 82 of 2019 concerning the Implementation of Work Accident Insurance and Death Insurance Programs, and the final results are determined based on mutual agreement.
IMPLEMENTATION OF EMPLOYMENT AGREEMENTS FOR HEALTH WORKERS IN PRIVATE HOSPITALS Fahri Alpalah, Oka; Marlina, Tina; Yosi Andri, Gusti
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9536

Abstract

The company's activities are essentially a joint effort between employers and workers to grow the company and improve workers' welfare. This research was conducted based on the author's interest in finding out the implementation of the work agreement between midwives and Dera As-Syifa Hospital, where, based on the secondary data that the author obtained, the work agreement form is PKWT. The Manpower Law has stipulated that PKWT is only for jobs that are not permanent or core business. The problem in this study is :P First, we will discuss implementing the work agreement between Dera As-Syifa Hospital and Health Workers. Second, what are the legal consequences if the minimum wage paid is not by the UMP/UMK Brebes? This study uses a normative research method, namely legal research conducted by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The results of the study showed that PKWT used in the working relationship between midwives and Dera As-Syifa Hospital based on Permenkes 1199 of 2004, which regulates the employment relationship for health workers can be held with PKWT so that it is an exception to the provisions regulated in the Manpower Law along with the Job Creation Law and PP 35/2021. However, the implementation of PKWT at Dera As-Syifa Hospital is still not appropriate because there is still a probationary period of 4 months with salary deductions, so during the probationary period, the salary is not by the provisions of the minimum wage applicable in Brebes Regency. According to relevant regulations, companies that provide salaries below the minimum wage can be subject to sanctions and automatically change PKWT to PKWTT. However, such conditions do not affect the company; workers still receive such treatment.
EFFORTS TO COUNTER FALSE REPORTS FROM THE COMMUNITY AT THE BREBES REGENCY FIRE DEPARTMENT Hetharie, Yosie; Ainul Close, Fahmi; Suwondo, Sutiyono
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9537

Abstract

The importance of legal action against perpetrators who make false reports in DAMKAR Brebes Regency. The crime of forgery is a crime that contains a system of untruth or falsehood about a thing or object that appears from the outside as if it is true when, in fact, it is contrary to the truth. This description is the background of the problem in writing, namely, what is the motive of the perpetrators who make false reports in the Brebes Regency Fire Department, and how are the efforts of the Brebes Regency Fire Department to deal with the existence of false reports of fires in the Brebes Regency area. This research method uses normative judicial, legal research that is carried out using research on literature materials or secondary data. This research can be called normative research or literature research. The results of this study show that the motive is the intentionality of the perpetrator of false reports, considering the curiosity of the perpetrator because it can be searched in the search system in the form of Google and Instagram. Furthermore, the sense of ignorance from the last perpetrator and the panic from the complainant are also factors that trigger false reports. It is not uncommon for overlapping reports to become difficult for firefighters when preparing services to carry out blackouts. When unexpected disasters occur, such as snakes, things are related to electrical circuits and many more forms. Educate the local community about the importance of doing good and correct reporting so that the effectiveness, accountability, and transparency of the Brebes Regency DAMKAR are carried out. What is the power of the community service provider if it is not supported by community cooperation?
LEGAL REVIEW OF THE RESPONSIBILITY OF DOCTORS WHO ACT WITHOUT THE CONSENT OF THE PATIENT'S FAMILY (CASE STUDY OF DECISION NUMBER 3203K/PDT/2017) Chusmayadi, Omay; Fadhlurrahman Rosyid, Rifqi; Rahman, Alip
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9548

Abstract

Within the field of medicine, practitioners are guided by teachings on ethics and morals to fulfill their duties and responsibilities in serving the community. Imagine a scenario when a doctor breaches the relevant ethical and moral standards. If such a situation arises, the discipline will be enforced either by the professional association responsible for setting the ethical guidelines or by legal authorities who will process and impose penalties to prevent doctors from neglecting their duty to get informed permission and engaging in malpractice. Informed consent serves a dual purpose for both patients and doctors. For doctors, it provides a sense of assurance when performing medical procedures on patients and acts as a form of protection against potential legal claims or lawsuits that may arise from any unforeseen accidents. Regarding informed consent, it refers to the patient's entitlement to receive comprehensive information regarding their medical condition, the recommended medical procedures, and the potential outcomes associated with each decision.
The execution of Minister of Agrarian Affairs Regulation No. 12 of 2017, which concerns the implementation of the Comprehensive Systematic Land Registration (PTSL) in Weragati Village, Majalengka Regency, is currently underway. Junaedi, Oding; Juliansyah Nugrah, Maulana Fajar; Rahman, Alip
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9549

Abstract

The Complete Systematic Land Registration (PTSL) is a thorough procedure of registering all unregistered land parcels in every region of the Republic of Indonesia, inside a single village/sub-district or other administrative unit at the same level, conducted concurrently. The PTSL method is a government project spearheaded by the Ministry of ATR/BPN to cater to the basic needs of the community, such as clothing, food, and shelter. The research methodology used is juridical-empirical, which is a type of qualitative research. This study made use of both primary and secondary legal information. The potential obstacles in executing the Complete Systematic Land Registration (PTSL) program encompass unresolved PPH and BPHTB taxes, absentee land ownership concerns, surplus and neglected land, human resource constraints, insufficient facilities and infrastructure, and challenges in acquiring precise physical and legal data.
LEGAL PROTECTION FOR LOSS OF MOTORBIKES IN THE PARKING LOT OF THE TOURISM CENTER OF CIREBON REGENCY BASED ON REGIONAL REGULATION NO.11 OF 2019 CONCERNING THE IMPLEMENTATION OF PARKING: (Case study in Bukit Cinta – Mundu, Cirebon Regency) Andita Alfarisy, Panji; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9550

Abstract

Chapter 18, paragraph (1) of the Consumer Protection Law is included and regulated regarding the provisions for the Inclusion of Standard Clauses, where "Business actors in offering goods and or services intended for trading are prohibited from making or incorporating standard clauses on every document and or agreement when stating the transfer of responsibility of business actors", Chapter 18 paragraph (2) of the Consumer Protection Law states that "Business actors are prohibited from including standard clauses whose disclosure is difficult to understand". Chapter 32 of Cirebon Regency Regional Regulation No. 11 of 2019 which states that "Getting a sense of security for the use of Parking Space Units (SRP)". This type of research is Normative Law, which analyzes laws, regulations, and other legal materials. The problem in this study is how to provide legal protection for consumers who lose their motorbikes in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency and how to resolve disputes in the event of losses on the part of consumers who are parked in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency.Legal protection for consumers in the parking of motor vehicle tourism objects in Cirebon does not yet exist because of the standard clause on ticket parking related to the transfer of responsibility for the parking manager. This is clearly contrary to Chapter 18, paragraph (1) of the Consumer Protection Law. Including a standard clause with the transfer of responsibility has violated the freedom of contract in the Civil Code. Efforts to resolve disputes if there is a loss to the owner of the vehicle parked at the tourist attraction, then to divide or transfer the burden of responsibility, the parking manager can collaborate with the insurance company to provide parking insurance for each consumer. To protect consumers legally, several options of legal remedies can be pursued by litigation or non-litigation, such as mediation, mediation at the Directorate of Consumer Protection, the Dispute Resolution Agency (BPSK), and the District Court

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