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Collegium Studiosum Journal
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 27974332     EISSN : 27973751     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Collegium Studiosum Journal adalah Jurnal Ilmiah yang diterbitkan secara berkala oleh LPPM STIH AWANG LONG. Collegium Studiosum Journal memilik e-ISSN 2797-3751 dan p-ISSN 2797-4332. Pemilihan dan penggunaan kata Collegium Studiosum Journal dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai penelitian di tingkat nasional maupun international. Collegium Studiosum Journal terbit dalam setahun sekali yaitu pada bulan Juni. Pengiriman artikel dapat dilakukan melalui daring dengan melakukan registrasi terlebih dahulu pada website ini. Collegium Studiosum Journal menerima artikel pada bidang kajian hukum pidana, hukum perdata, hukum tata negara, hukum administrasi negara, hukum international, hukum masyarakat pembangunan, hukum islam, hukum bisnis, hukum acara dan hak asasi manusia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Search results for , issue "Vol. 8 No. 2 (2025): Collegium Studiosum Journal" : 30 Documents clear
ANALISIS PERJANJIAN PRA NIKAH YANG DILANGSUNGKAN DI DALAM PERKAWINAN MENURUT HUKUM POSITIF DI INDONESIA Choliek, Vito Qobul; Wardani, Susilo
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1718

Abstract

Prenuptial agreements are still often perceived negatively by some members of the public, because they are considered contrary to the value of decency and have the potential to cause prejudice and distrust between prospective spouses. Then, there are still a number of couples who only realize the urgency of making a prenuptial agreement after the marriage is held, so they assume that making the agreement is no longer juridically possible because the marriage bond has been valid and binding according to the provisions of the legislation. The purpose of this study is to determine and analyze the prenuptial agreement in the invitation laws and regulations in Indonesia as well as to determine and analyze the prenuptial agreement directly in marriage after the decision of the Constitutional Court. This research uses normative juridical legal research, which is one type of legal research methodology that bases its analysis on applicable laws and regulations and is relevant to the legal issues that are the focus of the research. Indonesia has three main legal bases governing pre-nuptial agreements, namely Law No. 16/2019 on the Amendment to Law No. 1/1974 on Marriage, the Compilation of Islamic Law (KHI), and the Civil Code (KUH Perdata) and coupled with Constitutional Court Decision No. 69/PUU-XIII/2015. These rules have regulated in detail the substance, terms, and procedures of this agreement. After the Constitutional Court Decision No. 69/PUU-XIII/2015, the agreement can also be made after the marriage takes place, as long as it does not violate the law, religion, and decency and does not harm third parties. The emergence of the Constitutional Court's decision No. 69/PUU/XII/2015, related to the pre-marital agreement that can be made by the husband and wife after the marriage takes place. The law gives freedom to everyone to make agreements in any form and content as long as it does not conflict with the provisions of laws and regulations, decency, and public order.
STUDI KOMPARATIF SEJARAH PERADILAN MILITER DI INDONESIA DENGAN PERADILAN ANGKATAN BERSENJATA DI MALAYSIA Widjaja, Gunawan; Martedjo, Wagiman; Nugroho, Sudrajat Mukti
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1720

Abstract

The military court system in Indonesia is the implementation of judicial authority within the military to enforce just and fair legal proceedings. (See: Selected Cases in Military Court Proceedings. https://dilmil-aceh.go.id/tentang-peradilan-militer/) Meanwhile, the military court system in the Kingdom of Malaysia is a military judicial institution that forms part of the integrated military power structure. It also carries out the task of safeguarding the integrity of the territory and sovereignty of the Kingdom of Malaysia, protecting it from various threats and disturbances from within and without. This research uses the normative legal method. The results of this research reveal fundamental differences between the military court system in the Republic of Indonesia and that of the Kingdom of Malaysia. The military justice system in the Republic of Indonesia is an independent system, not part of the general justice system. This is because it has the primary duty of maintaining integrity; protecting and defending the sovereignty of the nation and state. Meanwhile, the military court of the Armed Forces of the Kingdom of Malaysia has the responsibility of supporting civil authority in countering international disturbances, maintaining public order, handling natural disasters, and participating in national development programmes.
PERTANGGUNGJAWABAN PIDANA DENGAN PRINSIP MIRANDA RULE DALAM BIDANG KESEHATAN DAN K3 RUMAH SAKIT Sunariyo, Sunariyo
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1746

Abstract

The Miranda Rule is a fundamental principle in criminal law that guarantees the human rights of individuals facing legal proceedings. In the context of occupational health and safety (OHS) services in hospitals, the application of the Miranda Rule can be a challenge, given the often urgent and complex nature of health services. This article examines the application of the Miranda Rule principle in the criminal realm related to violations in the health and OHS fields in hospitals, and examines its implications for the criminal liability of health workers. This study aims to provide a comprehensive legal perspective by including a comparative analysis of several international jurisprudence. This article uses a normative juridical research method with three main approaches: 1) The statute approach, which examines laws and regulations relevant to this research topic; 2) The conceptual approach, which identifies the legal concepts and values ​​that underlie them, as well as those contained in the legal norms; and 3) The case approach, which aims to analyze applicable legal norms or rules based on relevant cases. The application of the Miranda Rule principle is very important to protect the rights of health workers in legal proceedings, especially in cases of Occupational Health and Safety (K3) violations in hospitals.
PERLINDUNGAN MERK PADA INDUSTRI AIR MINUM DALAM KEMASANPERLINDUNGAN MERK PADA INDUSTRI AIR MINUM DALAM KEMASAN Damanik, Nadya; Santoso, Aris Prio Agus; Aryono
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1805

Abstract

This study aims to analyze the effectiveness of legal mechanisms in protecting trademarks in the Bottled Drinking Water (AMDK) sector, with a case study on the FURE brand as a micro, small, and medium enterprise (MSME) product. Employing a normative juridical method with statutory, conceptual, and case study approaches, this research reviews the implementation of Law No. 20 of 2016 on Trademarks and Geographical Indications, which adopts the constitutive principle and the first-to-file system. The findings reveal that while FURE has obtained valid trademark registration and exclusive rights, practical challenges persist, including limited internal legal literacy, inadequate market monitoring, and the lack of optimized digital protection strategies. These results indicate the need for proactive measures such as cross-class registration, online monitoring, and the strengthening of legal literacy among MSMEs. The study contributes practical recommendations for business actors and policy insights for government institutions to enhance trademark protection systems in Indonesia.
MODEL KOLABORATIF PENCEGAHAN KEKERASAN BERBASIS PERMENDIKBUDRISTEK NO. 46 TAHUN 2023: PENDEKATAN AKSI-PARTISIPATIF Widjaja, Gunawan; Martedjo, Wagiman; Hatta, Ignatius Bambang Sukarno
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1835

Abstract

This article aims to analyze the implementation gaps of the Ministry of Education Regulation No. 46 of 2023 on the Prevention and Handling of Violence in Educational Institutions and to propose a collaborative model based on participatory action as an alternative solution. Using a descriptive qualitative method and normative legal approach, this study explores principles of education law, community participation, and the institutional effectiveness of schools in violence prevention. Findings reveal that the regulation’s implementation still faces structural and cultural challenges, including low regulatory literacy among educators and limited stakeholder engagement. The proposed collaborative model emphasizes stakeholder synergy through tiered training, participatory dialogue forums, strategic partnerships, and community-based evaluation. It is expected to contribute to the creation of a safe, inclusive, and just learning environment.
PERAN PENTING ILMU TEKNOLOGI CCTV DALAM PEMBUKTIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG ITE Kirana, Yanti
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1964

Abstract

Various aspects of human life today, including technology, are developing rapidly. Nowadays, it seems difficult to separate human life from technology, which has even become a necessity. Initially, technology was part of or dependent on science, but now it can also depend on science. One example is the development of science and technology related to Closed Circuit Television (CCTV), which plays a central role in electronic evidence under the Electronic Information and Transactions Law (UU ITE). Social and moral life is influenced by the technological devices we value. They enhance people's worldviews, social practices, organizations, values, and lifestyles. Today, it is difficult to be truly active in technological decisions when technological devices are often forced upon us, forcing us to do many things. While this technological development has a positive impact, it also has a negative impact, as it can hinder direct interaction between people, as people already interact so much indirectly and everyone is dependent on technology, especially CCTV. CCTV recordings are recognized as valid electronic evidence under Indonesian law, provided they meet certain procedural requirements. CCTV footage can be used in criminal proceedings as evidence, and its validity is regulated in Article 5 paragraphs (1) and (2) and Article 44 of the ITE Law. However, this journal also reviews the requirements, for example, the need to be linked to other evidence to become strong indicative evidence, or the need for expert testimony to ensure the authenticity of data if transferred via physical media such as flash drives. Technological developments are occurring at an extraordinary pace, undeniably dominating every aspect of life. This study explains the important role of CCTV technology in electronic evidence based on the ITE Law.
ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 135/PUU-XXI/2024 TENTANG PERUBAHAN DESAIN KONSTITUSIONAL KESERENTAKAN PEMILU DI INDONESIA Taufik; Sukma, Ayu Mega; Elviandri
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1967

Abstract

The Indonesian Constitutional Court Decision Number 135/PUU-XXI/2024 marks a fundamental change in Indonesia's constitutional and electoral law system by annulling the application of the full concurrent elections concept which combines the National General Election (Pemilu) and the Regional Head Election (Pilkada)—as regulated in Law Number 7 of 2017 concerning General Elections. The Court determined that the unification of national and local election schedules contradicts the principle of regional autonomy (otonomi daerah) and blurs the meaning of popular sovereignty at the local level as guaranteed by Article 18 of the 1945 Constitution (UUD 1945). Through this ruling, the Court ordered that Pilkada must be held separately from the national Pemilu, issuing a conditionally constitutional verdict that reinterprets Article 201 of the Election Law to prevent a legal vacuum (rechtsvacuum). This research utilizes a normative juridical approach with descriptive and conceptual analysis methods, through a review of relevant laws and regulations, Constitutional Court decisions, and academic literature. The analysis results indicate that the Court’s considerations encompass three main dimensions: (1) Philosophical, relating to the protection of popular sovereignty in the regions; (2) Sociological, concerning the workload of election organizers and the validity of election results; and (3) Juridical, regarding the balance between efficiency and the principle of substantive democracy. The juridical implications of this decision include a change in the electoral system from full concurrent to separated elections, the need for legal harmonization between the Election Law and its implementing regulations, and the formation of a new political cycle (year “X” for the National Pemilu and “X+2” for the National Simultaneous Pilkada). From the regional autonomy perspective, the separation of election timing positively impacts the strengthening of local political identity, increased space for the articulation of regional aspirations, and the opening of opportunities for regional head candidates from smaller or independent parties. Conversely, new challenges also arise, such as increased political and budgetary costs, the potential for political transactions in the nomination process, and policy fragmentation between the central and regional governments. Overall, Constitutional Court Decision No. 135/PUU-XXI/2024 not only affects the technical aspects of election administration but also reconstructs the relationship between the central and regional governments within the context of Indonesia's constitutional democracy. This decision serves as a crucial momentum for lawmakers to rearrange the concurrent election system to better align with the principles of regional autonomy, electoral justice, and government effectiveness.
POST-INDEPENDENCE ECONOMIC REGULATION IN TIMOR LESTE: NORMATIVE ANALYSIS OF FOREIGN INVESTMENT LAW Carolina da Cruz
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1973

Abstract

Geographically, Timor Leste is the country closest to Indonesia, making it easier for Indonesian investment to flow to Timor Leste. Therefore, Indonesian investment in Timor Leste will benefit both countries economically, and to maintain stability and security, economic cooperation is one way to achieve peace and prevent conflicts that are prone to occur at the land border between Timor Leste and Indonesia. This research uses a qualitative approach. Furthermore, this research is descriptive-explanatory in nature because it explains narratively and identifies the cause and effect of the issues in the research. Based on the findings, in terms of regulations, Timor Leste has attempted to align its investment legal framework with international principles; however, in practice, the goal of achieving welfare for the majority of the people still faces significant challenges. The foreign investment legal framework in Timor-Leste is normatively designed to guarantee legal certainty and protection for foreign investors, primarily through the applicable Private Investment Law. This law aims to attract investment by establishing clear rules regarding ownership rights, capital transfers, and dispute resolution mechanisms.
SANKSI HUKUM TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI DENGAN PERATURAN HUKUM DI INDONESIA Putra, Daniel Satria Setyawan; Suryanto; Pandiangan, Pebri Ramuda; Fiddin, Mohamad Fahmi; Osea, Adithia; Saragih, Luthfi El Hakim
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1990

Abstract

This study aims to analyze the legal sanctions imposed on businesses that fail to pay employee wages in accordance with Indonesian laws and regulations and to assess the effectiveness of their enforcement. Wages are a basic right of every worker, guaranteed by Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. Employers' obligation to pay wages in accordance with applicable regulations embodies the principles of justice, humanity, and legal certainty in industrial relations. The research method used is normative juridical, with a statutory and conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials, analyzed qualitatively. The results indicate that businesses that fail to pay employee wages in accordance with regulations may be subject to administrative sanctions, such as written warnings, restrictions on business activities, temporary suspension, and even revocation of business licenses. Furthermore, there are criminal sanctions as stipulated in Article 185 of the Manpower Law, which carry a maximum imprisonment of four years and/or a maximum fine of four hundred million rupiah. However, in practice, enforcement of these legal sanctions remains suboptimal due to weak labor oversight and low legal awareness among business actors. This study concludes that increased effectiveness of labor oversight and stricter law enforcement are needed to ensure the protection of workers' rights to decent wages in accordance with the principles of social justice in Indonesia.
PERTANGGUNGJAWABAN TINDAK PIDANA BADAN HUKUM KORPORASI DALAM PERJUDIAN ONLINE DARI PENDEKATAN SISTEM PERADILAN PIDANA DI INDONESIA Prahara, Rivo Rizky; Sriwidodo, Joko; Hasibuan, Edi Saputra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1999

Abstract

Criminal liability for online gambling is regulated in the provisions of Article 45 paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. If a criminal act is committed by the Company, it is linked to the provisions of Article 52 paragraph 4 of Law Number 11 of 2008 concerning Electronic Information and Transactions, with a prison sentence plus two-thirds of the principal penalty. The objectives of this research are: first, to examine and provide legal solutions regarding criminal regulation of corporations in carrying out online gambling approaches from the criminal justice system in Indonesia; secondly, examining criminal responsibility for corporations in online gambling, the approach of the criminal justice system in Indonesia. The results of the research show that the prison sentence provisions in Article 45 paragraph 3 of Law Number 1 of 2024 are more severe than the criminal provisions in Article 45 paragraph 1 of Law Number 11 of 2008. There is a maximum limit of 10 (ten) years in Article 45 paragraph 3 of Law Number 1 of 2024, and 6 (six) years in Article 45 paragraph 1 of Law Number 11 of 2008. Despite this increase in prison sentences has increased, but the additional prison sentence period has not been maximized. The prison sentence should be increased further, so that it has a deterrent effect in enforcing the criminal law on online gambling. In fact, legislators should set a minimum limit for criminal perpetrators of online gambling.

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