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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 352 Documents
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PERTANGGUNGJAWABAN PERAWAT TERHADAP PASIEN DALAM PELAYANAN KESEHATAN DI RUMAH SAKIT Putra, I Putu Harry Suandana
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.v8i2.2015

Abstract

Healthcare services in hospitals require competent healthcare workers in accordance with Law Number 17 of 2023. Medical and healthcare workers receive legal protection when working according to professional standards, while hospitals are responsible for the negligence of their healthcare workers. Nurses, including vocational nurses, nurses, and specialist nurses, work based on hierarchical authority and doctor's instructions. Patients also receive legal protection in receiving safe and quality services. The problem formulation is how are nurses' responsibilities towards patients in healthcare services in hospitals? And how do doctors delegate authority to nurses? The research method used is normative juridical. The results of the research are: The responsibilities of nurses in healthcare services in hospitals include the obligation to comply with professional standards, operational procedures, and the implementation of duties based on the doctor's instructions. Legally, nurses can be held accountable for civil, criminal, and administrative actions for actions that harm patients. The delegation of doctor's authority must be carried out according to the nurse's competence. Hospitals are also responsible for the shortage of healthcare workers based on Law Number 17 of 2023 concerning Health.
IMPLEMENTASI PADA ALAT BUKTI JEJAK DIGITAL DALAM PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE Safei, Muhammad; Dewi, Sandra; Johar, Olivia Anggie
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.v8i2.2019

Abstract

The rapid development of information technology has led to an increase in online fraud crimes that utilize electronic media and internet networks. In enforcing the law against such crimes, digital trace evidence plays a crucial role in uncovering criminal acts, identifying perpetrators, and proving guilt before the court. However, the implementation of digital evidence in law enforcement practices still faces various challenges, including legal, technical, and human resource aspects. This study aims to analyze the implementation of digital trace evidence in the law enforcement of online fraud crimes within the jurisdiction of the Riau Regional Police. The research employs a socio-legal method with statutory and case approaches. Data were collected through literature studies and supporting interviews, and analyzed using qualitative descriptive analysis. The findings indicate that digital trace evidence has been significantly utilized in the processes of investigation, prosecution, and judicial proof of online fraud cases. Nevertheless, its effectiveness is constrained by limited digital forensic facilities, the complexity of electronic evidence examination, and the lack of public awareness regarding reporting mechanisms and the preservation of digital evidence. Therefore, strengthening regulations, enhancing law enforcement capacity, and increasing public legal awareness are essential to achieve effective, fair, and legally certain law enforcement.
PENOLAKAN STTP PENYAMPAIAN PENDAPAT DI MUKA UMUM OLEH PIHAK KEPOLISIAN DALAM PERSFEKTIF KEADILAN SOSIAL Jamaluddin; Ardiansah; Andrizal
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.v8i2.2020

Abstract

The freedom to express opinions in public is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and further regulated by statutory laws. In practice, the exercise of this right often encounters obstacles, one of which is the refusal by the police to issue a Notice Receipt Letter (STTP). Such refusal may create legal and social problems, particularly when it is conducted without clear and proportional legal grounds, thereby potentially undermining the principle of social justice. This study aims to analyze the refusal of STTP for public demonstrations by the police from the perspective of social justice. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed through qualitative descriptive analysis. The findings indicate that any refusal to issue an STTP must be based on objective, proportional, and accountable legal considerations, while respecting human rights and the principle of social justice. Arbitrary, discriminatory, or non-transparent refusals may restrict citizens’ access to their constitutional rights. Therefore, a balanced approach is required between maintaining public order and safeguarding citizens’ rights to ensure that the exercise of public expression can be carried out in a democratic and socially just manner.
OPTIMALISASI PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MEDIASI SENGKETA WANPRESTASI PPJB: TANTANGAN DAN SOLUSI PASCA UNDANG-UNDANG PERLINDUNGAN KONSUMEN Angelica, Dennia Gracia; Huda, Miftakhul
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.v8i2.2021

Abstract

Advances in technology these days can not be denied anymore, almost everyone can access the internet. It is enough to carry out buying and selling transactions online using the internet network. But the ease of internet access is abused by irresponsible parties. One way is to carry out prostitution transactions through the internet network known as online prostitution. Online prostitution or prostitution is the practice of prostitution by using the internet or social media as a means of connecting or a means of communication for pimps, sex workers and their users. The author uses the library research method or literature review. This library research research is to conduct research from library books, magazines, journals and articles and sources from the internet that are relevant to the issues discussed. The amendments to the Laws that are used are RI Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Law No. 21 of 2007 concerning the Crime of Trafficking in Persons, Law Number 3 of 2002 concerning Child Protection.
PENYELESAIAN SENGKETA MELALUI PERADILAN TATA USAHA NEGARA TERHADAP PEMBATALAN KONTRAK LUMPSUM SEPIHAK Anshari, Abu Thalhah Al; Dewani, Maheswari Queena; Januarita, Shintia; Atmadja, Wilhelmina Setia
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.v8i2.2022

Abstract

Another form of potential dispute that wil arise is in the form of a contractual relationship that occurs due to a lump sum contract using a type of construction contract from the government to the private sector. This form can be seen from the inequality of the parties' positions. In practice, "lump sum contracts are often interpreted freely, causing misperceptions between Service Users and Service Providers, such as the words "fixed price" and the sentence "all risks are borne by the service provider". The free perception of "fixed price" means that the price may not be changed at all, no matter what happens. While the perception of the sentence "all risks are borne by the service provider" is wildly interpreted that all risks, including changes at the request of the Service User or due to changes in design, are the full responsibility of the Service Provider. "This can trigger an inequality of justice where in practice the things mentioned above can happen at any time, so the contractor (private) sometimes does not get the fulfillment of the rights to the achievements that have been agreed upon through the contract. The research method used is a normative type of research. The research technique is carried out by adjusting it to the established research approach. For research with the aim of drawing legal principles in a law. The competence of the State Administrative Court as a litigation dispute resolution mechanism for the parties to the case, has the authority to adjudicate administrative disputes included in the object of the State Administrative Decision in this case the form of government action in unilaterally canceling the contract through a state administrative decision issued by an authorized official and has a detrimental impact on the contractor or individual/private legal entity.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN BUAH KELAPA SAWIT Khadis, Syarif; Kadaryanto, Bagio; Dewi, Sandra
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.v8i2.2023

Abstract

Law enforcement against the criminal offense of oil palm fruit theft in Rokan Hulu Regency demonstrates the importance of synchronizing technical guidelines such as Supreme Court Regulation (Perma) Number 2 of 2012 with higher-level legal instruments, particularly the latest Criminal Code (KUHP). Hans Kelsen’s theory of the hierarchy of norms emphasizes that the validity of lower-level norms must conform to higher-level norms, so that law enforcement officers can perform their duties in a fair, effective, and legally consistent manner. This research is expected to serve as a reference for updating guidelines on the handling of minor criminal offenses, ensuring their alignment with the development of national law and the needs of society. This study is a sociological (empirical) legal research. The findings indicate that law enforcement against oil palm fruit theft in Rokan Hulu Regency through Supreme Court Regulation Number 2 of 2012 has been relatively successful in accelerating case resolution and in applying the principles of restorative justice. Mediation and compensation agreements have proven to be effective mechanisms for cases involving low economic losses, while simultaneously reducing the burden on the courts. Nevertheless, the effectiveness of law enforcement remains constrained by weak coordination among law enforcement agencies and related institutions, public perceptions regarding minor criminal offenses, and limited public understanding of legal procedures. The obstacles in law enforcement against the criminal offense of oil palm fruit theft based on Supreme Court Regulation Number 2 of 2012 in Rokan Hulu Regency include limitations in evidence and documentation, constraints in resources and capacity of law enforcement officers, and inconsistencies between legal norms and the socio-economic conditions of the community. Efforts to overcome these obstacles may be pursued through a progressive legal approach and the consistent application of restorative justice, which are more responsive to social realities while still upholding legal certainty and justice.
KONSEP CRYPTOCURRENCY SEBAGAI ALAT PEMBAYARAN UNTUK MEWUJUDKAN KEPASTIAN HUKUM Febrianto, Andre; Ismail; Iryani, Dewi
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.v8i2.2026

Abstract

The rapid development of cryptocurrency as a global digital financial instrument has posed legal challenges, particularly regarding its status as a medium of exchange. In Indonesia, the legal position of cryptocurrency is characterized by dualism and ambiguity. On one hand, the Commodity Futures Trading Regulatory Agency (BAPPEBTI) regulates and recognizes cryptocurrency as a commodity tradable on futures exchanges. On the other hand, Bank Indonesia (BI) strictly prohibits its use as legal tender, based on Law Number 7 of 2011 concerning Currency, which mandates the Rupiah as the sole legal tender. This research aims to analyze the legal consequences of using cryptocurrency as a payment instrument in Indonesia and to formulate a regulatory concept that can ensure legal certainty. This study employs a normative legal research method with a qualitative approach. The data utilized consists of primary, secondary, and tertiary legal materials. The results indicate that the use of cryptocurrency as a payment instrument results in the civil nullification of agreements (based on Article 1337 of the Indonesian Civil Code), administrative sanctions from BI and BAPPEBTI, and potential criminal liability related to Money Laundering Crimes (TPPU). To achieve legal certainty, an integrated regulatory framework is required, encompassing: (1) clear classification of cryptocurrencies (payment, utility, and security tokens); (2) the establishment of specific legislation regarding digital assets; (3) inter-agency coordination among regulators (BI, OJK, BAPPEBTI, and Kominfo); (4) effective consumer protection and dispute resolution mechanisms; and (5) the integration of Anti-Money Laundering (AML) and Know Your Customer (KYC) principles. Policy recommendations include strengthening public awareness, adopting a regulatory sandbox, and accelerating the Digital Rupiah Central Bank Digital Currency (CBDC) project.
KEWENANGAN IDEAL MAHKAMAH PELAYARAN DALAM MENYELESAIKAN KECELAKAAN KAPAL UNTUK MEWUJUDKAN KEADILAN Sarwono, Sarif; Ismail; Iryani, Dewi
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.v8i2.2027

Abstract

The Maritime Court (Mahkamah Pelayaran) is a judicial body under the Ministry of Transportation authorized to examine and adjudicate ship accidents, specifically regarding shipping safety aspects and the responsibility of masters or officers by imposing administrative sanctions. The regulations concerning the functions, authorities, and duties of the Maritime Court are governed by Law Number 66 of 2024 concerning the Third Amendment to Law Number 17 of 2008, specifically in Articles 251 to 253 of the Shipping Law. Article 251 of the Shipping Law outlines the functions of the Maritime Court; Article 252 details the authority to examine ship collisions occurring between commercial vessels, commercial and state vessels, as well as commercial and warships; and Article 253 defines the duties of the court, including investigating the causes of ship accidents, determining the presence of procedural errors or negligence by the master or officers, examining negligence by operators, ship owners, or officials that result in accidents, and recommending administrative sanctions to the Minister. The method used in this research is normative legal research conducted to obtain the necessary data related to the issues. The data used is secondary data consisting of primary, secondary, and tertiary legal materials, supported by primary data. Data analysis was performed using a qualitative juridical analysis method. The results of this research indicate that the current authority of the Maritime Court remains limited to administrative matters and has not yet addressed the need for more comprehensive justice for victims, ship owners, or aggrieved third parties, even though every ship accident involves not only technical navigation issues but also economic, environmental, and social impacts. Law Number 66 of 2024 has strengthened administrative sanctions but has not changed the position of the Maritime Court as a quasi-judicial institution. Therefore, a more integrative restructuring of authority is required so that the Maritime Court's decisions can be recognized as part of the judicial process and serve as considerations for judges in General Courts. This integrative process can be achieved by appointing the expert panels of the Maritime Court as ad hoc judges in General Courts. Thus, General Court decisions can create and strengthen the quality of rulings through precise and accurate maritime technical considerations given that the expert panels possess the background, experience, and specialized expertise in the shipping field while creating harmonization between Maritime Court decisions and General Court rulings to reduce contradictions and strengthen legal certainty.
TINJAUAN KONSTITUSIONAL PASAL 27A UU ITE TERKAIT KRITIK PUBLIK: PROBLEMATIKA FRASA 'ORANG LAIN' DAN PERLINDUNGAN KEBEBASAN BERPENDAPAT DI RUANG DIGITAL Sirait, Timbo Mangaranap; Sendias, Nungky
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.v8i2.2029

Abstract

Law continually evolves in response to social developments within society; as a result, its norms often become counterproductive in their enforcement. This study employs a normative legal research method through a literature review to examine and conclude the following: this review synthesizes constitutional law research analyzing Article 27A of the Electronic Information and Transactions Law (UU ITE), with a particular focus on the phrase “another person” (orang lain) and its implications for freedom of expression in the digital sphere. The analysis seeks to address legal ambiguity and its impact on digital rights in Indonesia. Accordingly, the provision is evaluated through relevant Constitutional Court decisions concerning the phrase “another person,” assessing judicial and doctrinal responses to restrictions on freedom of expression, examining compliance with human rights standards, analyzing the consistency of law enforcement, and exploring prospects for legal reform. The findings reveal persistent ambiguity in the phrase “another person,” resulting in multiple interpretations and legal uncertainty, despite judicial efforts to narrow the scope of defamation to individuals. While these efforts enhance legal clarity and reduce arbitrary enforcement, the provision is deemed conditionally unconstitutional and lacking binding legal force insofar as it is not interpreted to mean “excluding government institutions, groups of persons with specific or identifiable identities, institutions, corporations, professions, or public offices.
TINJAUAN YURIDIS PERLINDUNGAN KONSTITUSIONAL TERHADAP DEBITOR Saflan, Don; Asnawi, Eddy; Libra, Robert
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.v8i2.2030

Abstract

Constitutional protection for debtors constitutes a crucial issue within a state governed by the rule of law, particularly following the issuance of Decision of the Constitutional Court Number 02/PUU-XIX/2021, which corrected law enforcement practices related to the execution of fiduciary guarantees. This research aims to analyze the constitutional protection afforded to debtors and the legal consequences arising after the decision, viewed from a constitutional law perspective. The research employs a normative legal research method using statutory, analytical, and historical approaches. The legal materials examined consist of statutory regulations, Constitutional Court decisions, as well as legal doctrines and opinions of legal scholars. The findings indicate that Decision of the Constitutional Court Number 02/PUU-XIX/2021 has significantly strengthened the position of debtors as subjects of law who possess constitutional rights to fair legal certainty, protection from arbitrary actions, and respect for human rights. The decision affirms that debtor–creditor relations are not merely within the realm of private law but are also subject to the principles of the rule of law and constitutional supremacy. The legal implications of the decision include the obligation to adjust statutory regulations, a paradigm shift in law enforcement from formal legal certainty toward substantive justice, and the reinforcement of the Constitutional Court’s role as the guardian of citizens’ constitutional rights. Consequently, this decision serves as an essential constitutional foundation for realizing fair legal protection for debtors in Indonesia.

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