Collegium Studiosum Journal
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.
Articles
326 Documents
<![CDATA[PROSES PENEGAKAN HUKUM TERHADAP KASUS PENGANIAYAAN MARIO DANDY KEPADA DAVID OZORA ]]>
<![CDATA[Openg, Crameraldo Anugerah Putra]]>;
<![CDATA[Wage, Guido Tobhi]]>;
<![CDATA[Araujo, Rojalia Rica De]]>;
<![CDATA[Geong, Mario Pietro Kurniawan]]>;
<![CDATA[Wahon, Ernesta Uba]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1121
<![CDATA[Efforts to ensure that regulations in society function properly as law enforcement. Law enforcement officers are expected to be able to carry out their obligations to enforce the law against perpetrators, especially those who carry out law enforcement. This journal discusses two issues. First, how does law enforcement handle the perpetrator? Second, how society acts regarding the Mario Dandy case which involves thinking. The author uses normative research methods by collecting data from legal materials which contain various normative legal rules. The data they obtain and process comes from library sources. The author searched for previous literature by reading articles, books, and websites related to this subject. The research results show that Mario Dandy, the perpetrator of the abuse in this case, was charged with Article 355 paragraph (1) subsidiary 354 paragraph (1) of the Criminal Code, Article 353 paragraph (2) of the Criminal Code, and/or 76 C in conjunction with 80 of the Child Protection Law. This puts him in danger of a maximum prison sentence of 12 years. Because of this, law enforcement responded to Mario Dandy with great anger and hoped that this case would be resolved legally and not end peacefully. They hope this incident will be a lesson for teenagers and parents about education and payments. pay attention to the actions of the children. As a result, law enforcement that can provide justice and truth to legal officers is needed to make people more careful and teach wisdom to their children.]]>
<![CDATA[KEPASTIAN HUKUM ATAS PEMINJAMAN PERUSAHAAN OLEH PIHAK KETIGA YANG DIBUAT DENGAN AKTA NOTARIS TERKAIT DENGAN PENGADAAN BARANG DAN JASA ]]>
<![CDATA[Jesslyn Kisea Tinambunan]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1124
<![CDATA[In the implementation of procurement of goods/services, sometimes there is abuse by contractors in gaining profits without fulfilling their obligations by lending their company name to work on the project to a third party in exchange for a project fee. The winning bidder and the third party make a new agreement regarding the project to be carried out. In this research, the formulation of the problem is how is legal certainty regarding company loans by third parties made by notarial deed related to the procurement of goods and services? This research method is included in the form of normative juridical research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out using qualitative juridical data analysis methods. The research results show that legal certainty regarding company loans by third parties made by notarial deeds related to the procurement of goods and services is not fulfilled. This is because it does not fulfill the provisions in Article 1320 of the Civil Code, especially the objective requirements which consist of certain things that are agreed upon and lawful causes. Therefore, this has implications for the cancellation of Deed Number 61 dated 27 July 2011 made by Notary Fitri Yuliana, SH, regarding company loans by third parties for the procurement of goods and services. Apart from that, there are other legal implications for the parties, namely for parties who default, they will be subject to administrative sanctions, be sued for compensation and/or be criminally reported. The party who suffers losses due to default can terminate the contract and the party who defaults is obliged to return the benefits and achievements. If this is not fulfilled by the party in default, then the aggrieved party can take legal action through a civil lawsuit to the district court.]]>
<![CDATA[ANALISIS TERHADAP KASUS PEMBUNUHAN YANG TERJADI DI JAWA TENGAH AKIBAT PERSELINGKUHAN ]]>
<![CDATA[Finsensius Samara]]>;
<![CDATA[Ricardo Amaral]]>;
<![CDATA[Anggi Boleng]]>;
<![CDATA[Castyelo Sogen]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1125
<![CDATA[The murder was committed because of infidelity. One example of a murder case or evidence is the murder that occurred in Brebes. This report was written with the aim of recording and providing explanations and providing suggestions for resolving the problems of this case. This research will be examined accurately and concisely, and the results will be presented in the form of a scientific article. The murder that occurred in Brebes is one of the newest cases that will occur in 2023. Law enforcement against the perpetrator must be responsible and comply with existing laws. The murder case in Brebes is a case that is attracting attention because it is still under suspicion. The research method used is a qualitative approach. This research uses primary and secondary legal material sources. The analysis technique used is a content analysis data analysis technique, namely a data analysis technique by examining the contents of secondary data that has been collected so that it is compiled, then explained from statutory material. The deductive thinking pattern is a way of thinking based on basic principles, then research presents the object to be studied in order to draw conclusions about specific facts.]]>
<![CDATA[PERMASALAHAN HUKUM PENGADAAN HAK ATAS TANAH UNTUK PEMBANGUNAN SARANA PENDUKUNG IBUKOTA NUSANTARA ]]>
<![CDATA[Daru Trimustiko Sakti]]>;
<![CDATA[Muhammad Efendy]]>;
<![CDATA[Rahmida Erliyani]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1126
<![CDATA[The problem of land is a problem that often occurs, especially in urban areas where the need for land continues to increase in proportion to the number of people living in urban areas. Procurement of land for various community needs such as infrastructure development, residential land, office land, industrial land and so on is a problem that is currently always faced and often gives rise to new problems. The transfer of Indonesia's capital city from Jakarta to the capital city of Nusantara has become a new problem regarding the procurement of land rights for the construction of a new capital city, where land that was not previously used as the national capital area has become the national capital area. Some things like Procedures for procuring land rights for the construction of supporting facilities for the capital of the Nusantara and regarding forms of legal protection that can protect land rights holders who receive compensation who are affected by the construction of supporting facilities for Nusantara Capital City are interesting matters to discuss. This research uses research methods empirical normative.]]>
<![CDATA[KEWAJIBAN PENGGUNAAN BAHASA INDONESIA TERHADAP TENAGA KERJA ASING YANG BEKERJA DI WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA ]]>
<![CDATA[Muhammad Japri]]>;
<![CDATA[Mohammad Doni Saputra Wijaya]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1128
<![CDATA[The ASEAN Economic Community (AEC) was formed to realize ASEAN economic integration, namely achieving a safe ASEAN region with a higher and more integrated level of development dynamics, alleviating ASEAN communities from poverty, and economic growth to achieve equitable and sustainable prosperity. MEA opens up opportunities for the entry of foreign workers (TKA) into Indonesia so that competition in the employment sector becomes increasingly tight. The obligation to speak Indonesian was regulated through Minister of Manpower and Transmigration Regulation No. 12/2013 and previously through Minister of Manpower and Transmigration Decree No. KEP-20/MEN/III/2004. This state language is mandatory because there is a need to transfer knowledge and technology (science and technology) from the presence of foreign workers. This obligation began to be removed in the procedures for using foreign workers with the issuance of Minister of Manpower Regulation No. 16/2015. In this paper the author uses a normative juridical approach, because of his approach this model of legal research is called normative legal research. By using Primary Legal material in the form of Presidential Regulation Number 20 of 2018 (Article 26), which requires that employers, not foreign workers, learn Indonesian as a requirement for work competency.]]>
<![CDATA[PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA ]]>
<![CDATA[Apriyanto, Hendra]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1131
<![CDATA[This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.]]>
<![CDATA[TANGGUNG JAWAB PEMERINTAH TERHADAP PELAYANAN KESEHATAN BAGI WARGA LANJUT USIA DALAM HUKUM POSITIF INDONESIA ]]>
<![CDATA[Heryani, Ririn]]>;
<![CDATA[Iriansyah]]>;
<![CDATA[Ardiansyah]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1148
<![CDATA[During the pandemic and work-from-home policies, it is feared that elderly people live together with all generations in limited space, it is feared that this will increase elderly depression. On the other hand, a number of elderly people are lonely, because their children cannot see or visit their parents regularly due to social restrictions. In fact, when it is normal, the condition of the elderly still requires attention in various ways. The purpose of this research is to analyze the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law and to analyze the ideal of the Government's Responsibility for Health Services for the Elderly. The method used is normative legal research. Based on the research results, it is known that the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law is that the Indonesian Government has the responsibility to provide good and fair health services for all its citizens, including the elderly. This responsibility is reflected in several laws and regulations governing health in Indonesia. Health Law This law establishes the basic principles for administering the health system in Indonesia, including health services for elderly citizens.]]>
<![CDATA[MEDIASI DALAM PERKARA PERCERAIAN OLEH HAKIM PENGADILAN AGAMA ]]>
<![CDATA[Ivanda, Alda Christa]]>;
<![CDATA[Martika Dini Syaputri]]>
<![CDATA[ Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v7i1.1171
<![CDATA[Marriage includes 2 (two) individuals, namely a man and a woman who have the aim of forming a happy family. Every individual in building a family has rights and obligations that must be implemented and obtained. If one of these obligations is ignored, it can hinder the achievement of the goals of the marriage itself. Divorce is a process of ending a marital relationship. Before a divorce agreement is reached, mediation will be carried out between the two parties with the aim of reconciling the two parties so that there is no need for a divorce. The method used in conducting research is qualitative using a descriptive approach. This approach refers to a systematic and accurate depiction of facts and characteristics of research objects and subjects. Mediation in resolving civil disputes, especially in the context of divorce in the Religious Courts, has been carried out in accordance with applicable regulations. Factors inhibiting the success of mediation in resolving civil cases, especially divorce in the Religious Courts, include strong differences of opinion regarding divorce, prolonged conflict, lack of good intentions to reconcile, and the influence of mental or emotional factors.]]>
<![CDATA[PERTANGGUNG JAWABAN PIDANA SEBAGAI DAMPAK PENUNTUTAN TERHADAP KORPORASI AKIBAT PAILIT ]]>
<![CDATA[Evy Febryani]]>;
<![CDATA[Dian Puspa Iwari]]>;
<![CDATA[Aprita, Serlika]]>
<![CDATA[ Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v7i1.1173
<![CDATA[In practice, it is very difficult to determine whether there is or is not a fault in a corporation. It turns out that in developments, especially regarding corporate criminal liability, it is known that there is a new view or let's say a slightly different view, that specifically the responsibility of legal entities, the principle of fault does not absolutely apply, so that criminal liability is refers to the doctrine of strict liability (absolute responsibility) and vicarious liability (responsibility imposed on another person) which in principle is a deviation from the principle of fault. This research was created and compiled using a narrative descriptive research method. This research typology is descriptive-narrative, emphasizing the use of secondary data obtained through literature study. In Article 59 of the Criminal Code, corporate criminal liability is borne by its management. Therefore, the subject of corporate criminal law is attached to the actions of the management themselves. The meaning of the claim in this case must be interpreted as a civil prosecution because the corporation loses the right to manage its assets which are entered into bankruptcy. Apart from that, if all of the corporation's assets are entered into bankruptcy, this will have an impact on the liquidation process. As stated in Article 71 POJK Number 28/POJK.05/2014, as well as Article 142 UUPT, it is possible for the liquidation process or the cause of liquidation to occur because of the bankruptcy decision.]]>
<![CDATA[MANAJEMEN PENGELOLAAN APLIKASI ZAKAT SiMBA PADA BADAN AMIL ZAKAT NASIONAL DI KALIMANTAN TIMUR ]]>
<![CDATA[Pancasilawati, Abnan]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56301/csj.v6i2.1176
<![CDATA[This research was motivated by the existence of the SiMBA zakat application at BAZNAS in East Kalimantan, however the operation of this zakat application has not been effective and efficient and is only operated by four daily implementers, so there is no special section that manages this application. This research is also qualitative field research. with data collection techniques in the form of observations at 3 (three) research loci, interviews with SiMBA zakat application managers, and documents related to the research. The results of this research are, first: management of the SiMBA zakat application at BAZNAS Balikpapan City, second: obstacles to the management of the SiMBA zakat application come from two factors, namely internal and external, the internal factor is the incomplete data entered by the SiMBA zakat application operator.]]>
