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Sekolah Tinggi Ilmu Hukum Awang Long Jl. Bukit Raya No. 25, Sungai Pinang Dalam Kec. Sungai Pinang, Kota Samarinda 75117
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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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PENYELESAIAN SENGKETA KONSUMEN DAN KEPASTIAN HUKUM PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN Irawan, Surya; 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.v6i2.1081

Abstract

The abstract here is a representation (not a summary) of the background, objectives, methods and conclusions. Abstract in English written in one paragraph consisting of 150- 200 words, using Times New Roman, font size 11, one space. Abstract serves to briefly present the contents of the journal. The position of consumers in general is still weak in the fields of economy, education and bargaining power, therefore it is very necessary to have laws that protect consumer interests. To be able to provide guarantees for the implementation of consumer protection, the government pours consumer protection into a legal product. This is important because only the law has the power to compel business actors to obey it, and also the law has strict sanctions. This research was conducted at the Consumer Dispute Settlement Agency domiciled in Karawang Regency using normative juridical types and approaches. The author reviews the legal literature on consumer dispute resolution and legal certainty over the Karawang Regency Consumer Dispute Settlement decision which is then collected and classified with detailed, systematic and directed records regarding documents/literature. Furthermore, the author conducts a descriptive data analysis, so that a comprehensive picture of the problems surrounding consumer dispute resolution and legal certainty is obtained for the Karawang Regency Consumer Dispute Settlement decision. The results of the research that the author conducted suggest that consumer settlement in accordance with Law No. 8 of 1999 concerning Consumer Protection can be pursued by 3 (three) methods / methods, namely, conciliation, mediation and arbitration on the basis of the choice and agreement of the parties to the dispute. The form of award by the method of conciliation and mediation shall be final and binding, without having to be asked for fiat execution to the local District Court, while the form of award taken by the method of arbitration must be requested by fiat execution to the local District Court so that the arbitral award has executory force.
PERAN OJK TERHADAP KERUGIAN NASABAH YANG DIAKIBATKAN OLEH MANAGER INVESTASI YANG TIDAK MEMILIKI IZIN Pakpahan, Elvira Fitriyani; Winardi, Andres; Koharuddin, Jessica; Young, Karryn; Putri, Stela Dwi
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.v6i2.1082

Abstract

This study examines the role of OJK in reducing unrecorded money losses for customers. The OJK’s responsibilities in regulating investment are divided into two parts, namely prevention aimed at non-customers, and taking action to overcome previous problems. Because this research is normative, it is based on documented legal theories, concepts, principles, and related laws and regulations. In this study, the main legal sources include Law no.8 of 1995 which regulates the capital market, and secondary legal sources are research in journals or publications related to the capital market. Document research is one of the methods used to obtain data. This study uses inductive and descriptive data. The results of this study are about the impact of OJK on the losses of unlicensed investment managers. Supervision activities include capital protection against customer losses, and the supervisory process for supervisory institutions.
PERLINDUNGAN HUKUM BAGI PENCIPTA LAGU ATAS LAGU CIPTAANNYA YANG DIPAKAI ORANG LAIN TANPA IZIN Marbun, Kolosse Bestanta; Purba, Jeshanta Elshadai; Agustina, Yanti
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.v6i2.1083

Abstract

Creating a work of music that has economic value is not something that everyone can do, because creation requires creativity, effort, and costs, therefore the rights of the person who creates a work of music must be protected and respected. This protection has been proven by the existence of Act Number 28 of 2014 concerning Copyright, the enactment of this law is due to the many copyright violations in Indonesia where one of these copyright violations will be discussed in this journal. This journal uses research methods of juridical analysis and qualitative data analysis. Protection of the creator's rights has been formulated in Law Number 28 of 2014 concerning Copyright, where the creator and the right holder are the authorities and have full control over their creation, therefore parties who wish to use the work belonging to the creator must obtain prior permission from the creator.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI E-COMMERCE MELALUI MEDIA SOSIAL INSTAGRAM Septian, Fazrian; 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.v6i2.1087

Abstract

The development of technology in this case is something related to human life, where technology on the other hand provides convenience but also provides new problems that are accepted by humans. The internet is one form of technological development itself. The internet is an electronic media and information that is developing very fast. The internet is widely used in various trading activities, trading activities that utilize the internet are known as e-commerce, one of the internet trading activities is through the Instagram platform. Trading via Instagram social media itself raises many problems related to law with all the risks. Problems that can arise include default. The purpose of this article is to find out the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in a buying and selling transaction via Instagram defaults. In this study the authors used empirical research methods. The data taken was in the form of secondary and primary data. Secondary data was obtained from interviews with informants who had cases related to purchases on Instagram social media. Primary data were obtained from Civil Law, literature studies and various articles related to the problems studied. The results obtained from this writing are that legal protection for consumers who feel harmed by irresponsible producers has been regulated in Law no. 8 of 1999. The research in this article concludes that: in buying and selling activities carried out on Instagram there are often deviations in rights and obligations that are no longer in accordance with the norms that exist in society and legal remedies that can be taken in the event of default from one of the parties, both sellers and buyers who make online transactions, can be sued in the general court environment or outside the court and can be fined directly for the party who commits the default.
PERTANGGUNG JAWABAN TERHADAP PELAKU TINDAK PIDANA PROSTITUSI ANAK DI PENGADILAN NEGERI PADANG PARIAMAN Sabri, Wiranda Nugraha; Yustrisia, Lo; Zulfiko, Riki
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.v6i2.1089

Abstract

The purpose of this research is to find out about law enforcement against children who are victims of prostitution and to find out the efforts so that users of prostitution services can be given criminal sanctions. The nature of the research used is descriptive, namely research that aims to provide data that is as precise as possible about the circumstances that are the object of research. Then the problem approach used is a normative juridical approach, namely research that is only aimed at written regulations so that this writing is closely related to libraries because it will require secondary data from the library. Sources of data and legal materials used are secondary data, namely data obtained through literature studies, including books, supporting literature with the subject matter discussed and laws and regulations. The results of this study are that law enforcement in this case does not yet reflect justice for the victims and does not yet reflect a massive enforcement and the efforts that are being made are imposing sanctions in accordance with the context of laws and regulations.
PERTANGGUNGJAWABAN PERDATA ATAS WANPRESTASI DALAM PERJANJIAN JUAL BELI Fahlevi, Muhammad Eggi; Rusli, Benni; 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.v6i2.1090

Abstract

An agreement is a legal relationship carried out by two or more parties based on an agreement to give rise to a legal effect. Agreements made together aim to achieve achievements, including in terms of trade carried out, especially in buying and selling transactions. A valid sale and purchase agreement usually cannot be canceled by either party easily without any clear reason. A sale and purchase agreement can only be canceled if there is consent from both parties who entered into the agreement. But in the sale and purchase agreement, not a few of the parties commit violations with various reasons and arguments that tend to justify why they broke the agreement or broke their promise. The agreement was made as a form of agreement between the two parties, to regulate and protect legal relations between private or civil interests. The purpose of this study is to determine civil liability for default in a sale and purchase agreement. The research method is normative juridical. Using qualitative analysis techniques. Conventionally,conventionally, civil liability arises when a party fails to fulfill contractual or non-contractual obligations that have been agreed upon. These obligations may include providing compensations as a result of customer agreements that occur due to their own negligence, the mistakes of other people who are under their responsibility, or losses caused by their negligence.
PROBLEMATIKA HUKUM ASAS LEX SPECIALIS Molou, Syafril Moh Nur S.; Ismail, Dian Ekawaty; Imran, Suwitno Yutye
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.v6i2.1091

Abstract

This article aims to determine the problems of implementing article 44 paragraph (3) of the law on the elimination of domestic violence in criminal acts of domestic violence which result in the victim's death. This research uses normative legal research methods. If you look at the severity of criminal cases, what often happens are cases of domestic violence in which the victim dies. The crime of domestic violence actually has a special law that regulates criminal acts within the household locus, namely Law number 23 of 2004 concerning the elimination of domestic violence. However, sometimes there are still similar cases which are decided by applying Article 338 of the Criminal Code (KUHP).
STRATEGI PEMERINTAH DALAM PENGEMBANGAN POTENSI MASYARAKAT PENGRAJIN TENUN Asa, Rikardus; Suprojo, Agung; Purwatiningsih, Annisa
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.v6i2.1092

Abstract

This research aims to find out how the government's strategy in developing the human resource potential of weaving craftsmen in Kufeu Village, the process or stages carried out by the government in developing the potential of the weaving craftsmen community in Kufeu Village, as well as the inhibiting factors and supporting factors of the government in developing the weaving craftsmen community in Kufeu Village. This research uses a qualitative approach with 3 (three) resource persons selected proposiv sampling. Data in this study were obtained through interviews, observation and documentation and then analyzed qualitatively with an interactive analysis model, namely data reduction, data presentation and conclusion drawing. The results in this study show that the Government's strategy in developing the potential of the weaving artisan community in Kufeu Village, Io Kufeu District, Malacca Regency has not been able to develop as to increase the potential of the weaving artisan community, but it has been very maximum if the purpose of the government's strategy in developing the potential of the weaving artisan community in Kufeu Village is only limited to maintaining weaving as a village identity.
SUBSTANTIVE V EXCEPTION PROVISION DALAM GATT: STUDI KASUS INDONESIA DI WTO Suri, Jessica Priscilla
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.v6i2.1093

Abstract

This research delves into the dynamic interplay between substantive provisions and exception clauses within the General Agreement on Tariffs and Trade (GATT). Focusing on the case of Indonesia in the World Trade Organization (WTO), the study employs a comprehensive methodology involving legal analysis and a case study approach. Through this investigation, the research aims to unravel the intricate implications of substantive versus exception provisions in the context of international trade agreements.
URGENSI PEMBERLAKUAN ASURANSI KREDIT DALAM KREDIT JUAL BELI KENDARAAN BERMOTOR SEBAGAI IMPLEMENTASI PERLINDUNGAN TERHADAP AHLI WARIS Fadhillah, Yansi
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.v6i2.1094

Abstract

Motor vehicle credit insurance is a form of protection for motorized vehicles and consumers in credit agreements, namely vehicle insurance and life insurance. However, in the implementation, the insurance used in motor vehicle loans mostly uses only vehicle insurance, although life insurance is also very important, where this life insurance protects customers and heirs from the burden of paying off the remaining vehicle loans if the customer dies. In this writing it is aimed to find out the urgency of applying credit insurance in the sale and purchase of motor vehicle loans and as a basic knowledge for people who will apply for the purchase of motorized vehicles with a credit system. This paper describes the important points of credit insurance, the definition of credit insurance, the purpose of credit insurance, types of credit insurance, and laws and regulations related to credit insurance. It also explains why life insurance for car loans is very important for customers.

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