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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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ANALYSIS OF THE IMPLEMENTATION OF MIXUE FRANCHISE AGREEMENTS IN CIREBON REGENCY REVIEWED FROM GOVERNMENT REGULATION NO. 42 OF 2007 CONCERNING WARALABA Salza Hubbillah, Widya; Romlahayati, Yanti; Umar, Jaenudin
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.v15i2.9551

Abstract

A franchise agreement is one aspect of legal protection for the parties from acts that harm other parties. An exclusive agreement is an agreement to enter into an exclusive agreement that can result in hindering or hindering other business actors from entering into the same agreement. The purpose of writing this scientific paper is to find out how the implementation of Mixue franchise agreements according to Government Regulation No. 42 of 2007 concerning Franchising and Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used in this scientific paper uses empirical juridical abbreviations, using primary and secondary data, which are then analyzed using descriptive qualitative analysis. This study's results show that the Mixue franchise agreement implementation in Cirebon Regency is guided by Chapter 5 of Government Regulation No. 42 of 2007 concerning Franchise. However, suppose you look at Chapter 15 of Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition in the Mixue franchise agreement. In that case, some practices cause monopolies and unfair business competition.
JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS Karmenita, Karmenita; Kafi Habib, Rakha; 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.v15i2.9552

Abstract

The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the normative juridical method with the type of qualitative research. The settlement of disputes in the case of unlawful acts is analyzed using the theory of justice; the dispute settlement efforts are not by the law and are considered unfair by the plaintiffs because what they are entitled to is not fulfilled. The plaintiffs did not receive compensation due to the defendants' destruction of land. They did not receive replacement land due to land included in the extension of the HGU, which resulted in the loss of land that the plaintiffs could use for economic activities.
THE ROLE OF REGIONAL HEAD CANDIDATE SURVEYS IN POLITICAL PARTY DECISION-MAKING: A STATE ADMINISTRATIVE LAW ANALYSIS Arifin, Firdaus
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.v15i2.9562

Abstract

The use of candidate surveys in the determination of candidates for regional heads by political parties is an increasingly common practice, but its effects on the legitimacy of political decisions and state administration have not been widely studied. This research aims to explore the role of candidate surveys as an instrument of legitimacy in the context of state administrative law and identify its impact on fairness and transparency. The research method used is qualitative analysis through interpretation of primary legal materials by referring to legal doctrines and relevant theories. The results showed that from the perspective of state administrative law, surveys of candidates for regional heads can strengthen the legitimacy of political decisions by providing evidence of public support, but also potentially pose a risk of manipulation and methodological bias that can undermine fairness in the state administrative system. The implications of these findings highlight the need to improve survey methodologies, implement strict regulations, and conduct effective oversight to ensure transparency and accuracy. This research provides valuable insights into how candidate surveys of regional head candidates can be used fairly and effectively in political processes and public administration.
KUNINGAN REGENCY GOVERNMENT POLICY ON THE CIRCULATION OF EXPIRED FOOD Malik Fidale, Faisal; Marlina, Tina; Harmono
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.v15i2.9569

Abstract

Consumer Protection is any effort that guarantees legal certainty to protect consumers against expired food. This study aims to explore policies and legal protections for consumers related to expired foods, as well as the efforts that consumers can take in dealing with them. In this study, the author uses a normative juridical approach, which is a method of literature law research which is carried out by researching library materials or secondary data. Then it was continued with the collection of data on secondary legal materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. Verification of tertiary legal materials obtained from law dictionaries, Indonesian Language dictionaries, and other dictionaries. This research can provide new insights for legal practitioners and judges in developing civil law. In addition, the study also promotes a better understanding of the role of the local government in Kuningan Regency in improving consumer protection and overcoming barriers such as public mindset, buyer negligence, lack of knowledge about expired food, and inadequate legal supervision.
JURIDICAL REVIEW OF THE PROVISIONS OF THE TIME LIMIT FOR INVESTIGATION OF GENERAL CRIMES AGAINST THE PROTECTION OF THE RIGHTS OF SUSPECTS Sahlan, Alan; Dimyati, Agus; 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.v15i2.9572

Abstract

The phenomenon of criminal law enforcement today is increasingly losing direction and is even considered to have reached its lowest point, the justice-seeking community complains about the criminal investigation process (general) which is convoluted, protracted and there is even no end to the solution, this situation clearly does not provide legal certainty, justice and benefits in law enforcement, moreover there will be violations of the rights of suspects, one of the causes of this situation is the absence of The provisions of the investigation time limit (norm vacuum), which gives the investigator the opportunity to abuse his authority. Therefore, the purpose of this study is to find out the provisions of the time limit for the investigation of general crimes related to the protection of the human rights of suspects in the Criminal Procedure Code (KUHAP) and to analyze the setting of the time limit for the investigation of general crimes in the criminal procedure law that will be dated. The research method used in this study is using the type of normative legal research with the approach used in this study being the statute approach and the conceptual approach, with the research specification being descriptive analytical, while the legal material collection technique used in this study is by using document studies. namely documents obtained from the Jatanrasa Unit of the Sumber Police. Based on the results of the study, it shows that there is no provision that regulates the time limit for the investigation of the suspect from the beginning of the investigation to the transfer of the trial case, so that the status of the suspect depends on the investigation process. The absence of a time limit in the investigation of suspects causes legal uncertainty guaranteed by Articles 28D and 281 paragraph (2) of the 1945 Constitution, therefore in the Draft Criminal Code there is a regulation of the time limit for investigation as stipulated in article 48 of the RUUKUHAP. Paragraph (1) and Paragraph (3)
LAW ENFORCEMENT AGAINST THE MISUSE OF SOCIAL ASSISTANCE FUNDS FOR MSMES IN CIREBON REGENCY IN 2020 (CASE STUDY OF WARUKAWUNG AND WANGUNHARJA VILLAGES) Fauzi, Agam; Junaedi; Mawar Kartina, Ratu
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.v15i2.9573

Abstract

The right to receive social assistance is an important right and can help the basic needs of the community. The significance of the importance that every citizen has the right to decent work and livelihood. Social assistance is assistance provided to people who experience social risks. The assistance provided can be in the form of goods or cash. Social assistance is assistance in the form of goods, money or services to individuals, families, groups or communities that are less fortunate. With Law number 14 of 2019 is an amendment to Law number 11 of 2009 concerning social welfare. The formulation of the problem raised by the author is about how the law enforcement process related to the misuse of social assistance funds and how to be responsible for the misuse of social assistance funds The author's research method uses normative juridical methods, types of qualitative research, and research specifications using descriptive analysis. The data used are primary and secondary data obtained through laws and regulations and interviews with agencies related to this research, namely the Cirebon Police and the Cirebon Regency Social Service. The conclusion of the author's research is to find out the law enforcement process related to the misuse of social assistance funds along with accountability efforts for the misuse of social assistance funds
APPLICATION OF RESTITUTION CRIME IN CASES OF MOLESTATION OF MINORS Adnandito; Artadi, Ibnu; 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.v15i2.9574

Abstract

The provision of restitution rights as a form of compensation to children victims of criminal acts of molestation is becoming an interesting issue related to child protection because sexual violence is a type of violence with a high number every year. In this study, the author made 2 (two) problem formulations, namely: how to apply the criminal restitution in the crime of child molestation and what are the obstacles to the implementation of the provision of restitution. This study took a verdict in 2021 regarding cases of sexual abuse that positioned children as victims. The legal research method used is normative juridical which is qualitative to obtain descriptive results. The following are the results of the research that the author has found: The provision of restitution to children victims of criminal acts of abuse is the right of children of victims of criminal acts based on Article 7A of Law Number 13 of 2006, Article 71D of Law Number 35 of 2014 and Article 3 of Government Regulation Number 43 of 2017. An application for restitution can be submitted at the time before the judgment or after the judgment has obtained permanent legal force. So that the provision of restitution to the victim's child is not fundamental. Furthermore, the author found that there was a provision of restitution in the verdict so that the defendant was burdened with the obligation to pay restitution in the amount of Rp.331,527,186.00 (three hundred and thirty-one million five hundred and twenty-seven thousand one hundred and eighty-six rupiah) to the victim's children who had applied for restitution as many as 12 restitution applications. The Panel of Judges upholds procedural principles and does not look at the aspect of child protection.
DIVERSION CONDUCTED BY THE PROSECUTOR IN THE CRIME OF THEFT WITH AGGRAVATION IN JUVENILE OFFENDERS Yopan Apriana, Acep; Martinesya, Sefa; Bustomi, Bustomi
Hukum Responsif Vol 14 No 1 (2023)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v14i1.9664

Abstract

Diversion is an effort that must be carried out by law enforcement, both by Investigators, Public Prosecutors, and Judges, in order to protect children in conflict with the law. However, efforts to implement diversion must also be accompanied by considerations from Bapas who conduct research and assistance to children in conflict with the law. The purpose of this study is to determine the criminal law review of the diversion carried out by the Public Prosecutor in the crime of aggravated theft of child offenders, as well as to determine the juridical implications of the diversion carried out by the Public Prosecutor in the crime of aggravated theft of child offenders. The method used in this research is normative juridical method, with the nature of descriptive research, then data collection sourced from secondary data, and then the data is processed qualitatively. The results showed that: (1) The criminal law review of the diversion carried out by the Public Prosecutor in the crime of theft with aggravation on child perpetrators is basically not in accordance with the provisions in Article 7 paragraph (2) of the SPPA Law, because diversion can only be implemented with the provisions threatened with imprisonment under 7 (seven) years, while the three child perpetrators committed a criminal offense with aggravation stipulated in Article 363 paragraph (1) points 4 and 5 of the Criminal Code which carries a penalty of more than 7 (seven) years in prison. However, if seen from the provisions in Article 2 and Article 3 of the Child Protection Law, then of course diversion should be carried out by the Public Prosecutor, considering that the three child perpetrators have never committed a criminal offense before; (2) The juridical implications of the diversion carried out by the Public Prosecutor in the crime of theft with aggravation on child perpetrators, which resulted in the refusal of the Bapas to sign the diversion agreement on the grounds that the diversion effort has violated the provisions of Article 7 paragraph (2) of the SPPA Law
THE APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IS REVIEWED FROM THE IMPLEMENTATION OF CROWD PUNISHMENT DURING THE COVID-19 PANDEMIC (CASE STUDY OF DECISION NUMBER 221/PID. SUS/2021/PN. JKT. TEAM) Bustomy, Bustomy; Aman, Chairul; Jamilah, Jamilah
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.v15i2.9849

Abstract

The Covid-19 pandemic has had a significant impact on various aspects of life, including law enforcement in Indonesia. One of the problems that emerged was the application of the legal principle of equality before the law. This study aims to analyze the application of the principle of equality before the law during the Covid-19 pandemic still has weaknesses reviewed from Law Number 6 of 2018 concerning Health Quarantine, by taking a Case Study of Decision Number 221/Pid.Sus/2021/PN. Jkt. Team involving Habib Rizieq Shihab. The research method used is a qualitative approach with the type of case study research. Data were collected through document studies, interviews, and participatory observations. The analysis was carried out using content analysis techniques to identify problems with the effectiveness of law enforcement in cases of crowd crimes during the pandemic. The results of the study show that there is legal uncertainty in the enforcement of crimes against crowd violations during the pandemic. This uncertainty is caused by inconsistencies in the application of the law, lack of transparency in the law enforcement process, and differences in legal interpretation at various levels of court. The case of Habib Rizieq Shihab revealed that there was different treatment in law enforcement, which caused a perception of injustice in society. This study suggests several steps to apply the principle of equality before the law for violators of criminal sanctions. First, consistent and indiscriminate law enforcement is needed to maintain public trust in the legal system. Second, transparency in the law enforcement process must be improved, including the delivery of clear information regarding detention procedures and sanctions given. Third, the government and related institutions need to increase public awareness of the importance of complying with health protocols through effective education campaigns. Fourth, evaluation and revision of policies related to the handling of crowd crimes must be carried out periodically to adjust to the current situation and conditions and accommodate inputs from various parties, which is expected to increase the accuracy in criminalizing crowds during the Covid-19 pandemic, so as to create justice and legal certainty.
RETURN OF STATE FINANCIAL LOSSES IN THE FORM OF COMPENSATION PAYMENTS BY CONVICTED CORRUPTION OFFENDERS Subrata, Tedy; Markuat, Markuat
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.9853

Abstract

This research aims to understand the legal policies regarding the restitution of state financial losses in the form of monetary compensation by convicted corruption offenders and to identify the efforts made by police investigators in addressing the challenges of recovering state financial losses in the form of monetary compensation by convicted corruption offenders. The method used in this research is qualitative, with a primary approach of normative juridical and supporting approaches of empirical juridical. The data sources used in this research were obtained from secondary data as the primary data and from primary data as the supporting data. Furthermore, the data were subsequently processed using qualitative methods. The research findings reveal that the classification of corruption crime penalties and fines has been regulated by Law No. 31 of 1999 concerning the Eradication of Corruption Crimes, which has since been amended by Law No. 20 of 2001. The amount of restitution and compensation is at most equal to the value of the assets obtained from the act of corruption. If the substitute money is not paid, the offender will be punished with additional fines that do not exceed the maximum limit of the principal penalty. Therefore, the compensation for the loss of the national currency is not optimal. The amount of compensation for state losses needs to be linked with the implementation of restitution and compensation for the assets/wealth of the perpetrators. The Asset Recovery Law needs to be established as a legal framework for the recovery of assets from corruption proceeds.

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