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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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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.
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.

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