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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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STATUS PERKAWINAN WANITA HAMIL DI LUAR NIKAH DENGAN LAKI-LAKI YANG BUKAN MENGHAMILI PERSPEKTIF HUKUM ISLAM DAN KESETARAAN GENDER Muhamad Iqbal Nurhumaidi; Muhamad Ilyas; Lutfi Munadi; Ade Jamarudin
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.879

Abstract

Marriage of pregnant women out of wedlock is no longer a new thing among the people, even though Islam clearly forbids committing adultery and its causes. So that Islam encourages people to get married rather than commit adultery, because adultery is one of the factors that can destroy life. This study uses the method of library research (library research) with data collection techniques through a review of books and literature. This research uses content analysis research, which is research that relies on data and also a number of texts (such as the Al-Qur'an, Hadith, and the Thoughts of Ulama) to be processed and compiled into research material. Research Results: First, the marriage of a pregnant woman out of wedlock with a man who does not impregnate the perspective of Islamic law, according to Imam Abu Hanifah, it is permissible to marry her on the grounds that she should not have intercourse first and that sperm from adultery is not valued in the sense that her offspring is only assigned to her mother and not to his father. Imam Abu Yusuf and Zufar are not allowed to marry her because it is based on the prohibition of having sex with a pregnant woman. Second, the marriage of a pregnant woman out of wedlock with a man who is not impregnating from a gender equality perspective, a pregnant out of wedlock woman also has the right to choose her future life partner regardless of who she is pregnant with, and also has the right to refuse the man who made her pregnant. on the grounds that the man is not right to be her husband. Third, the status of children from marriages of pregnant women out of wedlock with men who are not pregnant, is only assigned to their mothers, so men who marry their mothers are obliged to declare an oath of li'an linafyil. the man does not have the right of relationship to the child.
PERAN SIPIR TERHADAP PENERAPAN ATURAN KEMENTRIAN HUKUM DAN HAM NOMOR 6 TAHUN 2013 DALAM PENANGGULANGAN PENYELUDUPAN NARKOBA DI LEMBAGA PEMASYARAKATAN KELAS II A KENDAL. Nurul Hudha Kurniawan Hudha; Dyah Listyarini; Arikha Saputra
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.883

Abstract

Peran Sipir Terhadap Penerapan Aturan Kementrian Hukum Dan Ham Nomor 6 Tahun 2013 Dalam Penanggulangan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kota Kendal. Penelitian ini bertujuan untuk mengetahui bagaimana Peran Sipir Terhadap Penerapan Aturan Kementrian Hukum Dan Ham Nomor 6 Tahun 2013 Dalam Penanggulungan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kendal dan bagaimana hambatan Sipir Dalam Menerapkan Aturan KemenKumHam Nomer 6 Tahun 2013 Dalam Penanggulangan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kendal. Adapun jenis penelitian menggunakan data primer dan data sekunder yang di dukung dengan teknik wawancara langsung dengan narasumber petugas sipir di Lembaga Pemasyarakatan Kelas II A Kendal kemudian di analisa menggunakan analisa kulitatif. Berdasarkan hasil penelitian penulis menyimpulkan bahwa Peran Sipir Dalam Menerapkan Aturan KemenKumHam No 6 Tahun 2013 dalam Penyeludupan Narkoba di Lapas Kelas II A Kendal dimulai dari Sipir melakukan secara benar serta menegakan itegritas pelaksanaan tugas pokok seperti terjaminya tata tertib Lapas Kelas II A Kendal, dimana dalam pelaksanaanya Sipir menemuai hambatan seperti faktor sarana dan faktor sumber daya manusia yang berkaitan dengan kuatitas dan kualitas sipir yang bertugas di Lapas Kelas II A Kendal.
TINJAUAN HUKUM PIDANA TERHADAP AFILIATOR ROBOT TRADING ILEGAL DNA PRO DI INDONESIA Dewi Ekuwi Vina
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.889

Abstract

The rapid development in the world of trading is due to the rapid development in the field of technology and the convenience for everyone to access the internet, so that there is an opportunity for abuse through trading robots to gain illegal profits, as has happened to the DNA Pro Trading Robot by carrying out the Ponzi Scheme Mode. The problem in this research is how to review the criminal law against the illegal trading robot affiliate DNA Pro in Indonesia. The research method used is normative juridical. The results of the study show that the suspects in the DNA Pro Trading Robot Case who are under the auspices of PT. DNA Pro Akademi is proven legally according to law to have committed a crime of participating in attempting, assisting, or conspiracy to commit a criminal act of money laundering in terms of receiving or controlling the placement, transfer, payment, or use of assets that he knows or reasonably suspects are proceeds crime, as referred to in Article 5 in conjunction with Article 10 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. The Affiliators of the Pro DNA Trading Robot, which are Illegal Trading Robots, are legally proven to have committed a Criminal Act regulated in Article 378 of the Criminal Code and to spread misleading news is a criminal offense regulated in Article 28 paragraph (1) of Law Number 11 of 2008 concerning ITE, which caused around 3,621 people to become victims of fraudulent investments under the guise of Robot Trading DNA Pro with a total loss of approximately Rp. 551,000,000,000.- (five hundred and fifty one billion rupiah).
PERLINDUNGAN TERHADAP ANAK-ANAK KORBAN BENCANA DITINJAU DARI KONVENSI HAK-HAK ANAK DAN HUKUM NASIONAL Ria Tresnomurti
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.896

Abstract

In every disaster, children are the most vulnerable group to become victims and suffer. son has not been able to save himself, so the chances of becoming a victim are greater. As a result, they experience physical and psychological trauma. The risks to children are enormous, coupled with the nature of disasters that can come at any time, forcing them to receive special protection, in accordance with the mandate of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The government, regional governments and other state institutions are obliged to provide special protection to children in emergency situations, including children who are victims of natural disasters. In this paper the author uses a normative juridical approach, because of this approach, this model of legal research is called normative legal research. Legal provisions are the primary legal material for Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
TINJAUAN YURIDIS PELAKSANAAN PEMBEBANAN FIDUSIA DENGAN SURAT KUASA JAMINAN FIDUSIA DIBAWAH TANGAN MENURUT UU No. 42 TAHUN 1999 DI PT BPR ARTHA TANAH MAS SEMARANG Nadia Febiana Yusuf; Arikha Saputra
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.897

Abstract

The process of creating a fiduciary guarantee is carried out through the imposition stage which is carried out before a notary and the fiduciary guarantee registration stage. In practice, currently there is widespread use of power of attorney to charge fiduciaries under the hand to make fiduciary deeds before a notary. The problem in this study is how the process of implementing fiduciary imposition with a private power of attorney for fiduciary guarantees according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang and how is the legal force of the fiduciary deed made through a power of attorney under the fiduciary guarantee. The approach method is empirical juridical, descriptive analytical research specifications, data sources are primary data and secondary data. Data collection methods are field studies and literature studies, data analysis is qualitative. The results of the study show that the process of implementing fiduciary imposition with a power of attorney for fiduciary guarantees is underhand according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang, the debtor signs a power of attorney for fiduciary guarantees, then the bank faces itself before the notary to make a fiduciary guarantee deed for further registration at the Fiduciary Registration Office. The fiduciary deed made through a power of attorney under the hand of fiduciary guarantees is basically valid, but if there is a lawsuit or intervention from another party, the power of attorney under the hand of fiduciary has weaknesses in the verification process, where the position of the power of attorney under the hand is very weak and lacks legal certainty.
SERTIFIKASI HAK MILIK ATAS TANAH YANG BERASAL DARI BEKAS HAK MILIK TANAH ADAT Eddie; Hadin Muhjad; Suprapto
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.905

Abstract

After the UUPA came into effect, all land rights throughout Indonesia were subject to land law regulated by the UUPA, in fact in society there were still rights to land from customary law, so that the conversion was carried out from an atmosphere of customary law to become UUPA. For legal certainty over land rights, the Head of the National Land Agency issued a special policy on customary land registration procedures.
MANAGEMENT OF VILLAGE FUNDS IN HANDLING THE IMPACT OF COVID-19: A REVIEW OF GOOD GOVERNANCE IN LEGAL CONTEXT Kristiyono, Feri; Sjaifurrachman, Sjaifurrachman; Zeinudin, Moh.
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.908

Abstract

The Village Funds are utilized to finance the administration of government, development, community empowerment, and societal activities, with the primary focus during this pandemic being on financing community development, empowerment, and Covid-19 response for rural areas. This practice is regulated by the Indonesian Minister of Finance Regulation Number 222/PMK.07/2020 and implemented with the principles of Good Governance. The research employs a juridical-normative research method to examine two legal issues: whether the reallocation of Village Funds (DD) for Covid-19 response complies with Good Governance principles, and the legal implications of relocating Village Funds (DD) for Covid-19 response if not in line with Good Governance principles. The research aims to analyze the compliance of the Village Funds' reallocation for Covid-19 response with Good Governance principles and evaluate the legal consequences if not adhered to. The findings indicate that the reallocation of Village Funds (DD) for Covid-19 response aligns with Good Governance principles. The usage of these funds for Covid-19 handling is regulated by Permendes No. 11/2019 concerning the Utilization of Village Funds 2020, along with various other regulations, including Perppu No. 1 of 2020, Perpres No. 54 of 2020, and PMK No. 40/PMK.07/2020. However, if the reallocation of Village Funds (DD) does not adhere to Good Governance principles, it may lead to serious legal consequences. In accordance with Permendagri No. 113 of 2014 concerning village financial management, misuse of Village Funds during the Covid-19 pandemic is prohibited and may result in administrative sanctions, such as verbal or written warnings, or even dismissal, in accordance with Law No. 31 of 1999.
PELAKSANAAN PROGRAM ASURANSI KESEHATAN BAGI PESERTA IBADAH HAJI DAN UMROH PADA PT. ASURANSI JIWA BRINGIN JIWA SEJAHTERA CABANG SEMARANG Adrian Avan Rizqy Saputra; Arikha Saputra
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.909

Abstract

Life insurance for Umrah and Hajj services protects pilgrims and their families financially in case of unforeseen events during Hajj. This insurance product can cover medical expenses, replacement costs of lost or damaged property, and monetary compensation in the event of death or permanent disability. By having life insurance for Umrah and Hajj, pilgrims can feel comfortable and concentrate on their pilgrimage without worrying about potential financial risks. As a risk transfer institution, insurance companies are always willing to bear all risks insured to them. However, the coverage is certainly based on the type of insurance company itself. The result of the study is PT. Asuransi Bringin Jiwa Sejahtera Jiwa organizes a Health Insurance Program for Hajj and Umrah participants by ensuring compliance with Article 80 of Law Number 8 of 2019 and Article 5 of Government Regulation Number 8 of 2022. The insurance covers life, accident, and health insurance for Hajj and Umrah pilgrims, as well as coordinating protection activities for Indonesian citizens abroad, PT. Asuransi Jiwa Bringin Jiwa Sejahtera can make claim payments and account deductions on behalf of PT. Life Insurance Brings a Prosperous Life if the documents are completed correctly. If the required documents are not submitted, PT. Asuransi Bringin Sejahtera Life may request the Head Office to forward the claim documents to the relevant Branch Office within 14 working days., Insurance Claim Barriers Customers are often delayed due to factors such as long filing times, incomplete requirements, premium payments, and insurance decision-making time. Insurers face obstacles such as slow resolution of problems and lengthy compensation processes, which can result in cancellation of coverage if the insurer already knows the real situation. The insurer must also address false or untrue statements or failure to disclose known information to the insured, as per Article 251 KUHD.
KEKUATAN HUKUM SERTIFIKAT HAK MILIK YANG TERBIT DI DALAM KAWASAN HUTAN SEBELUM KELUARNYA KEPUTUSAN MENTERI KEHUTANAN NOMOR SK.453/KPTS-II/1999 Bambang Puji Mulyo; Achmad Faishal; Suprapto
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.917

Abstract

This land tenure right has been linked to certain land as the object and a certain person or legal entity as the subject or holder of the rights. Mastery or control can be juridical and or can also be physical. Juridical control is based on rights, protected by law and generally gives authority to the right holder to physically control the land being claimed. The relationship between the Indonesian nation and the land is eternal, which means that as long as the Indonesian people are united with the Indonesian nation, the relationship will continue uninterrupted forever. Since the issuance of a certificate of ownership indicating that the area is an area for other uses or outside the forest area and has guaranteed legal certainty. However, the government unilaterally designated their settlements or areas as forest areas since the issuance of Law no. 41/1999 concerning Forestry through the Decree of the Minister of Forestry Number SK.435/KPTS-II/1999. So that the land in the area is designated and determined as a forest area which was previously included in another area of use and in the end the status of the land becomes land attached to a forest area. This means that if land that already has a certificate of ownership is then designated and determined as a forest area, the characteristics of the certificate of ownership will not be fulfilled in the case that the certificate of ownership has the fullest character because the certificate of ownership cannot be the parent for other land rights. and in terms of use it is only limited to physical control but other legal actions cannot be taken against the certificate of ownership. In order to provide legal certainty to holders of land title certificates in this Government Regulation number 24 of 1997, confirmation is given regarding the extent of the strength of certificates, which are stated as a strong means of proof by the Basic Agrarian Law.
TANGGUNG JAWAB NOTARIS TERHADAP CALON NOTARIS YANG SEDANG MAGANG DITEMPATNYA Leptohoeve Tobias Tunjan; Suprapto; Saprudin
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.918

Abstract

The purpose of this research is to analyze the responsibilities of the notary to the notary candidate who is doing an internship in their office. The type of this research is normative research, namely research by examining the applicable laws and regulations. The characteristic of the research conducted is prescriptive research, namely research that aims to get suggestions about what to do, to overcome certain problems. First Research Result : The legal relationship between an internship notary and the Notary is based on the statutory regulations contained in Article 16 Section (1) letter N of the Notary Act Number 2 of 2014 concerning Apprenticeship which says that in carrying out their position the Notary is obliged to accept the notary candidate apprentice. Furthermore: There are no legal consequences for the notary who does not fulfill their rights and obligations as an apprentice recipient of a prospective notary public because this is not further regulated in the notary act, but there are other sanctions, namely in the form of revocation of their status as a notary receiving apprenticeship and a certificate of apprenticeship that issued cannot be recognized by the association based on the decision of the relevant INI Regional Management Meeting. Second : There are no legal consequences for the notary who does not fulfill their rights and obligations as an apprentice recipient of a prospective notary public because this is not further regulated in the notary act, but there are other sanctions, namely in the form of revocation of their status as the notary receiving apprenticeship and a certificate of apprenticeship that issued cannot be recognized by the association based on the decision of the relevant INI Regional Management Meeting.

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