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Jurnal Hukum Jurisdictie
Published by Universitas Islam As-Syafi'iyah
ISSN : 16935918     EISSN : 28098641     DOI : https://doi.org/10.34005/jhj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Jurisdictie is focused on publishing the original research articles, review articles from contributors, and the current issues related to Law Studies. The main objective of Jurnal Hukum Jurisdictie is to provide a platform for the international scholars, academicians, and researchers to share the contemporary thoughts in the fields of Law Studies. SCOPE. Jurnal Hukum Jurisdictie publishes research papers in the all the fields of Law Studies. Constitutional Law, Criminal Law, Business Law Syaria Business Law, International Law, Islamic Law, Anti-Corruption Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Efektifitas Pelaksanaan Penundaan Kewajiban Pembayaran Utang (PKPU) dalam Mencegah Kepailitan (Studi Pengadilan Niaga pada Pengadilan Negeri Jakarta Pusat) Ratu Alawiyyah Rifani; Fauziah Fauziah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.311 KB) | DOI: 10.34005/jhj.v3i2.57

Abstract

The results showed that the Postponement of Debt Payment Obligations or PKPU means that it can be used by debtors to avoid bankruptcy. So before declared as bankruptcy, debtors can apply for PKPU. PKPU applications are submitted to the Commerrcial Court established within the General Court. In 2017, 2018 and 2019 the Commercial Court at Central Jakarta District Court has received many incoming PKPU case reports and continues to increase every year. PKPU that has been accepted and determined can be submitted as a peace plan by the debtor, the peace plan is submitted to resolve debt settlement disputes between debtors and creditors, PKPU can be considered effective if PKPU submitted by the debtor ends with peace. In addition, the driving factor for PKPU's effectiveness in preventing bankruptcy is the content of the peace agreement that has been homologated by the Commercial Court.
LEGAL PROTECTION FOR EMPLOYEE FROM BANKRUPTED COMPANY LAY OFF ACCORDING TO LAW NO. 13/2003 OF EMPLOYEEMENT POWER JO LAW NO. 11/2020 OF WORK CREATION Andalan, Dias; Fauziah, Fauziah; Fahruddin, Muhammad
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.81

Abstract

In national development, the workforce has an important contribution to the progress of the nation, for that it is necessary to protect workers to ensure equal opportunities and treatment without discrimination to realize welfare for workers. The protection provided by the government to workers must guarantee workers to carry out work. Industrial relations which are the linkage of interests between workers/labourers and entrepreneurs, have the potential to cause disputes between workers and employers, disputes can occur because the company is bankrupt because it has maturing debts. Workers as one of the parties who have the right to pay their wages owed that arise because of the work agreement have the right to prioritize the payment of their receivables, that basically even though the company is in bankruptcy there are workers' rights that must be protected by the entrepreneur represented by the curator. Seeing the frequent occurrence of problems regarding layoffs that occur to workers / laborers due to bankrupt companies, the author focuses on the formulation of the problem, namely: 1. How is legal protection for workers who have been laid off in bankruptcy companies based on Law no. 11 of 2020 About Job Creation? 2. How to settle layoffs in bankrupt companies, case studies of decision no. 90./Pdt.Sus-Phi/2020Jkt.Pst Based on Law no. 13 of 2003 concerning the Employment of Jo. Law No. 11 of 2020 About Job Creation? In writing this thesis, the writer uses a normative juridical research method which aims to find out the settlement of disputes over the legal protection of workers who have been laid off due to bankrupt companies through collecting and analyzing data to obtain answers to the formulation of the problem. From the formulation of the problem raised in this paper, the author concludes that even though the company is in a state of bankruptcy, the workforce has rights in the form of severance pay, years of service and compensation for entitlements whose payment (preferred creditor) is regulated in the Act. Job creation, and basically layoffs occur in bankrupt companies just like layoffs in general, only the curator represents the company. In order to avoid the same problem, the curator must be guided by the law without ignoring the job creation law. For the settlement of case No. 90./Pdt.Sus-Phi/2020Jkt.Pst is in accordance with the theory which even though the company is in bankruptcy, workers have the rights regulated in Law No. 11 of 2020 concerning Job Creation.
COPY RIGHT PROTECTION FOR NETFLIX STREAMING VIDEO CIRCULATED IN TELEGRAM Safira, Ishma; Lubis, Efridani; Fauziah, Fauziah
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.84

Abstract

This study discusses copyright protection for Netflix streaming videos circulating on Telegram, where technological developments, especially in the field of information (internet) are widely used by irresponsible people by circulating Netflix streaming videos on Telegram which can be watched by the general public without subscribing. The author examines the forms of copyright infringement on the circulation of Netflix streaming videos on Telegram and how the copyright protection of Netflix streaming videos circulating on Telegram is based on the laws and regulations in force in Indonesia. The research method used is normative juridical with a law approach and a conceptual approach. The results of the study conclude that the form of copyright protection for Netflix streaming videos circulating on Telegram is regulated in Indonesian laws and regulations, namely UUHC Number 28 of 2014, ITE Law Number 19 of 2016, and Law Number 33 of 2009 concerning Film. Copyright protection that can be done on Netflix streaming videos circulating on Telegram is preventive and repressive protection. Thus, it can be seen that the government's efforts as a form of preventive protection are urgently needed with socialization to the public not to use pirated products and repressive efforts by becoming a forum for following up on reports of copyright infringement in order to reduce piracy in Indonesia.
LEGAL REVIEW OF FIDUCIARY CONTRACT IMPLEMENTATION OF MOVING GOOD FROM SHARIA ECONOMIC PERSPECTIVE Surohman, Eldam; Yulianto, Rochmad Adi; Fauziah, Fauziah
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.86

Abstract

Based on the DSN-MUI fatwa Number 04/DSN-MUI/IV/2000 concerning murabaha, which allows sharia financing institutions to request guarantees from customers with mutual trust to complete obligations and obtain rights arising from the agreement. If the debtor is unable to carry out his obligations or commits a breach of contract (default), then the guarantee execution process can be carried out by the creditor. The execution process of course refers to the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with the Constitutional Court Decision Number 18/PUU-XVII/2019. In the case study of the Tasikmalaya Religious Court Decision Number 1038/Pdt.G/2020/PA.Tmk regarding the execution of a fiduciary guarantee with a murabahah financing agreement, where the debtor gets financing to obtain 2 units of four-wheeled vehicles but the debtor defaults to the creditor. The legal efforts taken by the creditor against the debtor, namely, through subpoena and mediation, then proceed with submitting an application for the execution of fiduciary guarantees to the religious court in terms of carrying out executions of the collateral guaranteed by the debtor. Therefore, it will be discussed further regarding the decision of the Religious Court by examining the elements contained in the legislation based on the case in the Tasikmalaya Religious Court Decision Study Number 1038/Pdt.G/2020/PA.Tmk.
LEGAL REVIEW OF GREEN ZONE VIOLATION AT AGRICULTURAL LAND FUNCTIONAL SHIFT ACCORDING TO LOKAL REGULATION KABUPATEN BEKASI NO. 12/2011 OF KABUPATEN BEKASI STAKE LAYOUT PLAN Setiyono, Iwan; Fadillah, Syarif; Intihani, Siti Nur
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.88

Abstract

Jurisdictional Review of Green Zone Violations on the Transfer of Agricultural Land Function According to Bekasi Regency Regional Regulation Number 12 of 2011 aims to determine the regulation of land transfer according to Law Number 41 of 2009 on Protection of Sustainable Food Agricultural Land, knowing the transfer of agricultural land function in Bekasi Regency in relation to the arrangement of the Spatial Planning of Bekasi Regency and to determine the legal consequences of the violation of the Transfer of Function of Agricultural Land in relation to not meeting the requirements that have been set. This thesis research uses a normative juridical approach, data sources used, sources and types of data are focused on secondary data that includes legal materials and legal documents including legal cases that are the basis of researchers in order to answer problems and research objectives. Data collection techniques rely on secondary data. The analysis of the data used is done in a qualitative normative manner based on the norms or rules of law and doctrines relevant to the problem. The results of the study showed, First, Bekasi Regency for the improvement of the making of Perda RTRW (Regional Spatial Plan) and the implementation of PERDA No. 12 of 2011 has not been implemented well as seen from the rapid transfer of land functions in Bekasi Regency, this is supported by the lack of public awareness on the importance of sustainable food agricultural land protection, coupled with the lack of repressive action by local governments and law enforcement officers to give effect. jera cause the protection of sustainable food agricultural land is impressed only of a preventive nature. Second, the rapid shift in land function in Bekasi Regency is due to the dynamics of urban growth, demographics and economy, in addition, lack of support for local government policies to maintain agricultural land, weaknesses in regulatory aspects, there is no local regulation regarding thedetailed plan of spatial planning and special regional regulations related to Sustainable Food Agricultural Land (LP2B) so as to open up opportunities for the transfer of agricultural land functions. Therefore, it is necessary to immediately make a spatial map of agricultural land based on GIS (Geographic Information System) as part of maintaining green land in Bekasi Regency.
LEGAL ENFORCEMENT OF HEALTH PROTOCOL VIOLATION IN COVID-19 PANDEMIC Hidayah, Nurul Alfiyani; Mulyono, Mulyono; Mamang, Damrah
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.89

Abstract

The spread of the COVID-19 virus that has hit Indonesia at this time has had a wide impact on the joints of the life of the nation and state. Efforts to prevent and control the spread of the COVID-19 virus to be more effective have legal consequences, namely by implementing a criminal policy regarding limiting crowds with the threat of sanctions in the form of criminal sanctions, social sanctions and administrative sanctions. This study uses a normative juridical research method and is descriptive analytical. The regulation of criminal sanctions against perpetrators of violations of the health protocol, refers to Article 10 of the Criminal Code which consists of basic and additional penalties. The form of civil law sanctions can be in the form of obligations followed by the creation of new legal conditions. Social sanctions are types of sanctions outside the Criminal Code such as administrative sanctions, law enforcement against violations of health protocols as well as the criminal justice system. Such as the investigation and investigation stage, the prosecution stage, the examination stage in court and the decision implementation stage. One of the violations of health protocols that caused a crowd, which refers to the case that ensnared the Deputy Chairperson of the Tegal City DPRD Wasmad Edi Susilo, was sentenced by the Panel of Judges to imprisonment for 6 (six) months and a fine of Rp. 50,000,000.00,- (fifty million rupiah) provided that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months. The results of this study indicate that both the Criminal Code and the special law on health quarantine are used as the basis for punishment for violators of health protocols. The criminal sanctions imposed by the government on perpetrators of violating health protocols are expected to be significant in dealing with Covid-19, of course, by considering the principle of proportionality and based on the goal of realizing justice.
THE IMPLEMENTATION OF CRIMES EVIDENCE OF PREMEDITATED MURDER COMMITTED BY UNDERAGE CHILDREN Lydya, Meilisa; Makarao, M Taufik; Riyanto, Slamet
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.90

Abstract

The state of Indonesia is a state of law, when a child is in conflict with the law, the child faces public power which has the authority in the form of coercive measures that limit and even rob a number of children's rights in order to maintain public order. Children are gifts from God that must be protected and cared for according to their morals. The definition of a child in the Convention on the Rights of the Child which has been approved by the General Assembly on November 20, 1989, in Article 1 states that a child means every human being under the age of 18 (eighteen) years except under the law applicable to children. that maturity is reached more quickly. One of the cases that surfaced and became public attention was related to the crime of premeditated murder committed by minors, namely the case that occurred at the end of 2020 in the city of Bekasi. The perpetrator has been sentenced to 7 years in prison as stated in the decision of the Bekasi District Court Number 59/Pid.Sus-Anak/2020/PN Bekasi. Methods used: Normative juridical law research with analytical descriptive nature. Results of the study: The case started with hurt because previously Doni Saputra, who was the victim, forced to enter his genitals to Ahmad Yusuf, who was the defendant. But the defendant refused, but the defendant was threatened with a knife and the victim promised to give the defendant some money. However, because the amount of money continues to decrease and is often not paid, it creates feelings of resentment and hurt. Furthermore, on December 5, 2020, the perpetrator committed a murder which ended in the victim's death. Proof of elements of a criminal act of proof is planning to present evidence in the form of witness statements, letters, instructions for the defendant's testimony. The factor of the occurrence of the crime of murder committed by minors is caused by several factors, namely, factors within themselves (internal) and also factors around them (internal). Children commit the crime of murder because their emotional state is not stable and cannot control it properly and the child's lack of faith. Influences from outside the child such as the family who is not always there when needed, the weak economy and the circumstances of the surrounding environment also influence the child to commit the crime of murder. There are several factors that cause children to commit the crime of murder, namely: (1) Internal factors, namely emotional factors and religious factors, (2) external factors, namely family factors and environmental factors. Suggestion: for the community in particular parents should pay more attention to their children in the community environment so that unwanted things do not happen, especially murder cases, as parents must care for and protect children from the threat of crime that will befall them, in other words parents provide advice to children to be good children and not to commit crimes and to parents must provide sufficient education so that they can distinguish between good and bad.
ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS FROM UNCERTIFIED HALAL FOODS AND BEVERAGES Qayyim, Muhammad; Riyanto, Slamet; Mawadi, Habloel
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.91

Abstract

Legal protection for consumers for the distribution of food and beverages that are not halal certified still does not have clear information that can create bad impacts that commonly occur, including regarding the quality or quality of goods, information that is not clear and even misleading, counterfeiting and so on, by following and obeying laws and regulations, including protecting the halalness of a food and beverage to be circulated, it will create the welfare of consumers. Since the enactment of laws and regulations related to these matters, producers have begun to make changes and implement these laws. These changes, when viewed from the perspective of everyday life, have not been effective enough and the producers have not provided product information openly. From information that is not clear and even misleading, forgery and so on. Formulation of the problem in this study (1) What is the form of legal protection for consumers according to the law on halal product guarantees?, (2) What is the responsibility of business actors for food and beverage products that are not halal-certified?. The purpose of this study is to determine the form of legal protection for consumers according to the law on halal product guarantees and to determine the responsibility of business actors for food and beverage products that are not halal certified. This legal research is classified as normative juridical research. The data collected in this research is through research with premier legal materials, secondary legal materials, and tertiary legal materials. Primary legal materials are legal materials that are authoritative. Based on the results of the analysis of legal protection against consumers for the distribution of food and beverages that are not halal certified to consumers, especially food and beverages that are not halal certified that are not in accordance with the provisions of the legislation. The form of accountability of business actors by means of civil law and criminal law. Civil law in question is compensation after a lawsuit is against the law and criminal law in question is that business actors can be criminally prosecuted in court.
UNDERHAND PURCHASE AGREEMENT IMPLEMENTATION OF LAND AND BUILDING PURCHASING FROM DEVELOPER FROM PERSPEKTIF OF CONSUMER PROTECTION LAW Amzari, Wahyu; Mamang, Damrah; Fahruddin, Muhammad
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.92

Abstract

This study aims to analyze the sale and purchase of land with PPJB under the hand, in which the application of the principle of clear and cash sale and purchase transactions cannot be carried out. In practice in the field, not all transactions can be carried out by applying the principle of light and cash due to several factors, for example because the payment has not been paid in installments, the certificate is still in the process of splitting or other processes, not being able to pay taxes, or other factors. The focus of the researcher is to find out what factors cause the occurrence of PPJB under the hands of the sale and purchase of land and buildings from the developer, the legal consequences and the concept of legal protection for consumers, the legal research method is descriptive (normative law). empirical research, namely by conducting a brief interview with one of the legal officials at PT. Prima Sehati, domiciled in Jakarta (developer) and a consumer. The factors that led to the implementation of PPJB under the hands were, among others, because payments were made in stages, either in cash in stages or with bank facilities, the certificate was still in the process of splitting, merging and decreasing rights, PBG was still in the process at the relevant agency and the last reason was because it was practical and economical. cost. PPJB made under the hands results in being null and void because it violates the objective conditions in an agreement, so that the PPJB under the hand is considered to have never existed from the start, so as a result of the law the party who has received the achievement is obliged to return it to the party who has fulfilled the achievement, this is aims to return the situation to its original state, the concept of consumer protection to resolve disputes/defaults can be done through the courts, namely through courts that are in the general court environment. Settlement of disputes/defaults outside the court, namely through the Consumer Dispute Settlement Agency (BPSK) at level II areas or through other dispute resolution institutions in order to obtain a fair agreement.
LEGAL ANALYSIS OF RESPONSIBILITY OF NATIONAL HEALTH ASSURANCE PROGRAM MANAGEMENT TOWARD DISASTER VICTIMS AT THE POST DISASTER STAGE Anwar, Slamet Riyanto
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.93

Abstract

Provisions regarding the implementation of post-disaster health insurance are regulated by 2 (two) areas of legislation, namely in the legislation in the field of disaster management and legislation in the field of health insurance. These two areas of legislation clearly regulate disaster management, implementation of rehabilitation, health insurance (health services), and funding of health insurance for disaster victims at the post-disaster stage. However, these two areas of regulation overlap and regulate each other, and have caused the relevant agencies (BPJS, BNPB, Pemda, Ministry of Health) to question which institution/agencies are most responsible (becoming the leading sector) in administering health insurance for disaster victims in the post-disaster stage. , and where is the source of the funding. This situation is the reason for BPJS not to provide health insurance services to disaster victims at the disaster stage. The reason is that disaster victims at the post-disaster stage are considered to have been borne or received financing from the Government and/or local governments, because it is feared that there double claims or double financing.

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