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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 326 Documents
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ANALISIS ASPEK TINDAK PIDANA KORUPSI PENERBITAN SERTIFIKAT HAK MILIK ATAS TANAH NEGARA Putra, Suardi Rahman; Rodliyah; Rina Rohayu Harun
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1021

Abstract

This research aims to analyze the modus operandi of Corruption in the Issuance of Land Ownership Certificates for State Land and to analyze the considerations of judges in sentencing for Corruption in the Issuance of Land Ownership Certificates for State Land based on the verdict of the Mataram District Court Number 32/Pid.Sus.TPK/2017/PN.Mtr. The problem of corruption in Indonesia is spreading across all aspects of life and requires serious attention from the government, especially in preventing its further proliferation. A corruption case occurred in East Lombok Regency, specifically in Sekaroh Village, Keruak Sub-district. In this case, the defendants, who were Civil Servants in the Land Office of East Lombok Regency, were found guilty of committing corruption under Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption, as they abused their authority to issue land ownership certificates within the Sekaroh forest area. The research adopts a qualitative normative approach. The researcher focuses on the corruption case in the Mataram District Court, Case Number 32/Pid.Sus.TPK/2017/PN.Mtr. The research method used is normative/legal doctrinal research, combining normative legal approach with the addition of various empirical elements. Abuse of position or authority is an act of using the authority possessed to favor or discriminate in favor of a group or individual while being discriminatory against other groups or individuals. In the legislation regarding corruption, the element of "Abuse of Authority" has been regulated and even becomes part of the core of the corruption offense. In Article 3 of Law Number 31 of 1999 Jo Law Number 20 of 2001 concerning.
ANALISIS YURIDIS PEMBANGUNAN INFRASTRUKTUR PERDESAAN DALAM MENINGKATKAN KESEJAHTERAAN MASYARAKAT DI DESA PETIR KECAMATAN PURWANEGARA KABUPATEN BANJARNEGARA Setianingsih, Susi; Indriati Amarini
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1045

Abstract

This research is titled "Juridical Analysis of Rural Infrastructure Development in Improving the Welfare of the Community in Petir Village, Purwanegara Subdistrict, Banjarnegara Regency." The aim of this research is to analyze the role of the village government in rural infrastructure development and identify the factors influencing development in Petir Village. The research method employed is a normative juridical legal research with a literature study approach. Data analysis is conducted qualitatively, referring to Law Number 6 of 2014 concerning Villages and the 1945 Constitution of the Republic of Indonesia. The results of the research indicate that, in accordance with Law Number 6 of 2014, the village government has the primary responsibility for implementing development in its area. The infrastructure development program in Petir Village focuses on concrete paving, road casting, asphalt road construction, and drainage, selected through village deliberations. Despite ongoing development, there are still challenges such as unsupportive road terrain, the remote location of the village, and weather uncertainty affecting the smooth progress of development. Supporting factors for rural infrastructure development involve the participation and active involvement of the Petir Village community in every stage of development. Meanwhile, inhibiting factors include geographic constraints and weather conditions that force development delays. This research provides a comprehensive overview of the efforts of the village government in addressing national development disparities through rural infrastructure development. The implications of the research findings can serve as a basis for policy improvement and development strategy at the village level, particularly in Petir Village, to enhance community welfare.
ANALISIS PERBANDINGAN HUKUM DALAM SISTEM PEMILIHAN ANGGOTA PERWAKILAN RAKYAT ANTARA DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA DENGAN RAJYA SABHA REPUBLIK INDIA Zaenury, Ahmad Goza; Rahmatiar, Yuniar; Abas, Muhamad
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1073

Abstract

General elections are a feature of a democratic country in which implementation is one of the mandates of the constitution and it is the right of every citizen to determine his attitude and support through general elections. The purpose of this research is to see a comparison between the DPD election system in Indonesia and the Rajya Sabha in India which will then become a lesson about the weaknesses and strengths of the two countries. This study uses a normative juridical research method in which the author examines legal materials and supporting documents in conducting research. With the data collection method, namely literature study and document study related to general elections in Indonesia and India. The results of this study indicate that elections in the two countries in terms of regional representation generally have a lot in common where both are regulated in general in the constitutions of the two countries which are then further regulated in derivative laws and regulations. Meanwhile, with regard to the technical aspects, there are several striking differences, including the term between elections and seats and the electoral system used.
ANALISIS TINJAUAN TERHADAP TINDAK PIDANA ABORSI BERDASARKAN UNDANG-UNDANG NO 36 TAHUN 2009 KESEHATAN Iswandi, Erik; Guntara, Deny; Abas, Muhamad
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1074

Abstract

Abortion is an act that violates the law because it tries to abort a pregnancy or abort it with various problems and reasons. The reasons for someone having an abortion can be in the form of medical reasons that require an abortion, economic reasons that are not sufficient for the family's needs, social reasons and so on. In (Decision Study Number 333/Pid.Sus/2021/PN Bks), a woman has an abortion on the grounds that if she doesn't have an abortion then she will lose her job while she is the backbone of the family because her husband doesn't work. The purpose of this study is to legally analyze the decision Number 333/Pid.Sus/2021/PN Bks. The research method used is normative juridical with library study data collection methods. The results of this study indicate that the act of abortion is a criminal act regulated in the Health Law and the Criminal Code with several exceptions. The judge decides the case by considering the evidence and facts at trial. The judge in deciding this case was in accordance with the regulations so that the judge's indictment was fair and did not harm the defendant.
ANALISIS YURIDIS PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Soraya, Thalia Firda; Amarini, Indriati
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1075

Abstract

Land acquisition by the government for development purposes, especially to realize a just and prosperous society, is a complex action that involves the rights of certain parties, namely the people who have rights to the land. In 2012, the Government of Indonesia passed Law No. 2/2012 on Land Acquisition for Development in the Public Interest. This law is designed to ensure the protection of the rights of each party, both the government and the community, in the land acquisition process. The principles of land acquisition, as explained in the general explanation of Law No. 2/2012, are expected to be in accordance with the values of Pancasila which aims to ensure justice for all parties. This research aims to analyze land acquisition procedures based on Supreme Court Decision Number 482 K/TUN/2021 with reference to Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest. The research method used is normative juridical, a legal research approach that emphasizes literature analysis. The results show that in the land acquisition process, there are stages of planning, preparation, implementation, and delivery of results, which are then determined through the issuance of a Governor Decree.
EFEKTIVITAS SISTEM E-COURT DI PENGADILAN NEGERI LUBUK BASUNG Julisman, Romi; Rahmayani, Nuzul; Nazar, Jasman
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1076

Abstract

Technological developments are getting faster and faster, driving changes that occur in the wider community. As a result of these technological developments, the world of justice must also innovate to keep up with current developments. Therefore the Supreme Court created the E-COURT application, a website system that operates in a network to make it easier for courts to resolve civil cases. The purpose of this writing is to find out how the Lubuk Basung District Court maximizes the implementation of the Perma issued by the Supreme Court and to find out the factors that become obstacles in e-court proving. This research method is descriptive analysis, that is, from research it is expected to obtain a detailed and systematic description of the problem to be studied. In this study, using the type of empirical approach research. The empirical approach is research that is used to describe conditions seen in the field as they are. That the Lubuk Basung Court has used e-court trials in a hybrid manner to minimize the deficiencies that exist in the e-court itself. However, these changes do not necessarily improve everything, there are still many obstacles in this hybrid e-court and the ineffective implementation of e-court at the Lubuk Basung District Court.
EKSISTENSI PANCASILA SEBAGAI LANDASAN PERTAHANAN NEGARA DALAM MENGHADAPI ANCAMAN IDEOLOGI ASING Afdhali, Dino Rizka; Triadi, Irwan
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1077

Abstract

A country is not always in a conducive and controlled state. Several disturbances and threats often occur which can threaten the integrity and sovereignty of the country. One of the threats to the state is ideology which can change the order of society and its perspective. In this era of globalization, Pancasila as a state ideology is being tested again by many foreign ideologies trying to enter our country through information media and technology that can be reached by all groups, such as the ideologies of communism, liberalism, capitalism, religious extremism and others. This journal aims to determine the existence of Pancasila as the basis for national defense in facing foreign ideological threats. The method used in this legal research is normative juridical legal research which uses library materials as primary sources. The results of this research are that even though it is often faced with interference and threats from foreign ideologies that want to replace the existence of Pancasila, the Pancasila ideology is able to continue to exist and is able to fight with other major ideologies which also act as a filter for foreign ideologies in influencing the Indonesian nation.
IDEALITAS PENEGAKKAN HUKUM DITINJAU DARI PERSPEKTIF TEORI TUJUAN HUKUM Afdhali, Dino Rizka; Syahuri, Taufiqurrohman
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1078

Abstract

In principle, laws are made to give people confidence in different interests. Through law, the ideals of legal subjects can be achieved, including legal certainty, benefit and justice. However, in the process of law enforcement, between these three legal objectives, there are often conflicts between one legal objective and another. This journal aims to determine the ideality of law enforcement from the perspective of legal objective theory. The method used in this legal research is normative juridical legal research which uses library materials as primary sources. The result of this research is that if there is tension between these basic values, then you must use the basis or principle of priority where the first priority always falls on the value of justice, then the value of usefulness or usefulness and finally legal certainty. In other words, ideally law enforcement must always prioritize and prioritize the goals of justice.
KEPASTIAN HUKUM TERHADAP KEPEMILIKAN RUMAH KPR BAGI PEMBELI YANG BERITIKAD BAIK Wakono, Nur; Rahmatiar, Yuniar; Abas, Muhamad
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1079

Abstract

One of the issues that often arises in the implementation of home ownership loans (KPR) is the transfer of rights to the house carried out by the debtor to another party before the mortgage period ends without the knowledge of the bank and without the correct procedure. This phenomenon is known as transfer of rights or take over credit. This paper aims to evaluate the legal certainty for good faith buyers and the judge's consideration in decision No. 49/Pdt.G /2022/PN.Kwg. This research uses a Normative approach by analyzing legal materials. The results showed that the judge had decided that a good faith buyer could change the data of home ownership in accordance with legal certainty and the judge's consideration was correct in accordance with legal certainty where the plaintiff was a good faith buyer who could change the data of home ownership.
PENEGAKAN HUKUM TERHADAP PENELANTARAN ANAK DI KABUPATEN KENDAL Wijayati, Safriena Rudy; Listyarini, Dyah
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1080

Abstract

Abandoned children is a child who has not yet turned 18 (eighteen) years old and for some reason one or both parents are unable to fulfill their child's rights to grow and develop, then in the end they became abandoned. Article number 34 section one (1) of the 1945..Constitution of Republic Indonesia..states that "Impoverished persons and abandoned children shall be taken care of by the State". Through this article state that abandoned children's lives are protected by the state such as the needs of clothing, food and place. This thesis will discuss about law enforcement against child neglect in Kendal Regency, and aims to find out what law enforcement has been carried out by the Kendal Regency Social Service in dealing with violations of Article 34 of the 1945 Constitution concerning abandoned children in Kendal Regency. There are several factors that encourage children to be abandoned, the first is due to difficult economic conditions, disharmonious household, and internal factors. The research method for this thesis is a descriptive qualitative approach. The data was come from collected through in-depth of interviews and observation with the informants. The main informant in this research was the Head of the Kendal Regency Social Rehabilitation Division, and the additional informant was 1 (one) abandoned child. While secondary data obtained through various sources of literature, namely books, journals, or electronic media. As a result, the Kendal Regency Social Service has made efforts to ensure the lives of abandoned children, such as fostering street childrens, registering and sending them to social institutions, and providing disability assistance for abandoned children with special needs.

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