cover
Contact Name
Otto Fajarianto
Contact Email
ofajarianto@gmail.com
Phone
+6281296890687
Journal Mail Official
collegiumawl@gmail.com
Editorial Address
Sekolah Tinggi Ilmu Hukum Awang Long Jl. Bukit Raya No. 25, Sungai Pinang Dalam Kec. Sungai Pinang, Kota Samarinda 75117
Location
Kota samarinda,
Kalimantan timur
INDONESIA
Collegium Studiosum Journal
ISSN : 27974332     EISSN : 27973751     DOI : -
Core Subject : Humanities, Social,
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
PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK PADA JUAL BELI HAK ATAS TANAH Amin, Muhammad; Septyanun, Nurjannah; Erwin, Yulias
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.v6i2.1099

Abstract

This research aims to analyze the legal considerations of judges in legal protection for buyers in good faith when buying and selling land rights which are confirmed by court decisions and the Supreme Court decision. The research method used in this research is a normative juridical approach research method, the author summarizes the Selong District Court Decision, the Mataram High Court Decision and the Supreme Court Decision. Based on the results of the research, it shows that the meaning of good faith is a buyer who buys and sells land using valid procedures/procedures and documents as determined by statutory regulations and is careful by examining matters relating to the land object being agreed upon. Legal protection for buyers with good intentions is that the Panel of Judges decides the validity of the sale and purchase carried out by the buyer. Before carrying out a land sale and purchase transaction, every prospective buyer must check the land they want to buy to ensure that there are no disputes regarding the object, ensure that the seller is the original owner of the object, it would be better for the House of Representatives to make clear regulations regarding the criteria for buyers in good faith. and firm.
TANGGUNGJAWAB PRIVATE KARYAWAN DAN PERUSAHAAN TERHADAP KERUGIAN KONSUMEN Mukhtar; Septyanun, Nurjannah; Erwin, Yulias
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.v6i2.1102

Abstract

In this trading activity, it is hoped that there will be a balance between the rights and obligations of business actors and consumers. For this reason, studying the implementation of private responsibilities of business actors in fulfilling consumer rights in terms of positive law in Indonesia is an interesting thing to study. The objectives of this research are 1) to find out and analyze the private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia; and 2) to find out the judge's legal reasoning regarding consumer dispute decisions in the PN.Sel decision Number 9/Pdt.G.S/2020/PN.Sel. This study uses doctrinal normative legal research, namely a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues faced. The approach used to obtain data for analysis is first, the statutory approach, second, the legal case study approach, third, the conceptual approach. This study uses qualitative data analysis, where the data is analyzed using descriptive analysis methods. From the results of the discussion, it was concluded that 1) The private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia should be rejected from the start because Defendant I is a subject domiciled in Jakarta who should be a co-Defendant, and Defendant II became Defendant I, where Defendant one had no legal relationship because Defendant I was only the employer of Defendant II. The defendant cannot make an exception in accordance with the provisions of Article 20 of Supreme Court Regulation Number 4 of 2019 concerning Amendments to Supreme Court Regulation Number 2 of 2015 concerning Methods for Settlement of Simple Claims; and 2) The decision in case Number 9/Pdt.G.S/2020/PN.Sel should be rejected, because Defendants one and two are unclear in accordance with the Plaintiff's claim and there is a discrepancy regarding the position of Defendants I and Defendants II, so that the Panel of Judges handling this case must be based on the concept of Legal reasoning.
PERAN NOTARIS DALAM MEMBERIKAN PENYULUHAN HUKUM TERHADAP PENDIRIAN PERSEROAN TERBATAS Siska Andriani; M. Hadin Muhjad; Saprudin
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.v6i2.1114

Abstract

Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services (hereinafter referred to as PP Number 24 of 2018 which states that company registration, both individual and non-individual, must be carried out through the OSS system. The development of the process of establishing a Limited Liability Company in accordance with Government Regulation Number 24 of 2018 means that the notary must also be able to following changes by properly understanding the OSS system, especially in KBLI registration, this means that the role of notaries in this matter is very necessary, this is also considering the authority of notaries in providing legal counseling. The emergence of the role of Notaries in providing legal counseling regarding the establishment of Limited Liability Companies raises questions regarding the extent of counseling. the law that can be given by a notary and the legal consequences if the notary does not carry out legal counseling. Notaries are responsible and have the authority to provide legal counseling to parties establishing limited liability companies. This is in accordance with Article 15 paragraph (2) letter e of the Notary Position Law. However, this form of responsibility is not within the realm of an obligation, only in the form of authority alone, so that in this case, if the notary does not exercise his authority in providing legal counseling, it will not have any influence on the deed he makes. There are no sanctions for Notaries who do not provide legal counseling to applicants establishing Limited Liability Companies.
KEABSAHAN PENGHADAP YANG MENGHADAP SECARA DARING DALAM CYBER-NOTARY Limantara, Nagawati; Barkatullah, Abdul Halim; Zulaeha, Mulyani
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.v6i2.1117

Abstract

Progress in the digital era has made technological advances increasingly sophisticated and rapid so that the use of various digital media is very necessary for society. The shift in activities that were previously carried out conventionally is slowly shifting to online or better known as "online", such as the use of applications zoom as an application for face to face. Activities in the notarial world are also experiencing the impact of changes in this era, which are known as cyber notary. The preparation of the parties' deeds which was previously carried out conventionally has shifted to using online methods as well, thus raising a question about the validity of the identities of the presenters who appear online before the Notary in the process of making authentic deeds in cyber notary. There is a need for synchronous arrangements regarding the conditions for making authentic deeds of the parties which are carried out online. This research is legal research nature perspective, using a statue approach and conceptual approach.
PROSES PENEGAKAN HUKUM TERHADAP KASUS PENGANIAYAAN MARIO DANDY KEPADA DAVID OZORA Openg, Crameraldo Anugerah Putra; Wage, Guido Tobhi; Araujo, Rojalia Rica De; Geong, Mario Pietro Kurniawan; Wahon, Ernesta Uba
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.v6i2.1121

Abstract

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.
KEPASTIAN HUKUM ATAS PEMINJAMAN PERUSAHAAN OLEH PIHAK KETIGA YANG DIBUAT DENGAN AKTA NOTARIS TERKAIT DENGAN PENGADAAN BARANG DAN JASA Jesslyn Kisea Tinambunan
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.v6i2.1124

Abstract

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.
ANALISIS TERHADAP KASUS PEMBUNUHAN YANG TERJADI DI JAWA TENGAH AKIBAT PERSELINGKUHAN Finsensius Samara; Ricardo Amaral; Anggi Boleng; Castyelo Sogen
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.v6i2.1125

Abstract

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.
PERMASALAHAN HUKUM PENGADAAN HAK ATAS TANAH UNTUK PEMBANGUNAN SARANA PENDUKUNG IBUKOTA NUSANTARA Daru Trimustiko Sakti; Muhammad Efendy; Rahmida Erliyani
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.v6i2.1126

Abstract

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.
KEWAJIBAN PENGGUNAAN BAHASA INDONESIA TERHADAP TENAGA KERJA ASING YANG BEKERJA DI WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA Muhammad Japri; Mohammad Doni Saputra Wijaya
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.v6i2.1128

Abstract

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.
PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA Apriyanto, Hendra
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.v6i2.1131

Abstract

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.