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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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LEGAL SOLUTION FOR LOCAL BUDGET CORRUPTION CRIME IN COVID-19 PANDEMIC ERA Mutiyah, Siti Nur; Mulyono, Mulyono; 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.v4i1.94

Abstract

The crime of corruption in the misuse of village funds in Indonesia has long been a public concern. Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, still seems to be ineffective in making perpetrators of misuse of village funds afraid and deterrent. One example of a criminal act of corruption in the Sukowarno village fund, Suka Karya District, Musi Rawas Regency, there are indications of irregularities in the accountability of the Village Fund for communities affected by the Covid-19 pandemic. Data analysis was carried out using qualitative data analysis methods. Based on the results of the study, the legal settlement of the criminal act of corruption in village funds during the covid-19 pandemic (study of the Palembang District Court Decision Number: 06/Pid.Sus-TPK/2021/PN.Plg) was appropriate and in terms of the application of material criminal law. the defendant's actions were legally and convincingly proven guilty of committing a criminal act of corruption as stated in the Primary Public Prosecutor's indictment in Article 2 of the Law on the Eradication of Criminal Acts of Corruption. The Panel of Judges sentenced the defendant to imprisonment for 8 (eight) years and a fine of Rp. 200,000,000.00 (two hundred million rupiah), this illustrates that the Panel of Judges is serious about enforcing the law against perpetrators of misuse of village funds, although a verdict is still expected. higher. However, according to the author, the Panel of Judges also carried out non-juridical considerations based on the background of the defendant, the consequences of the defendant's actions should the perpetrators of the Corruption Crime of Village Funds During the Covid-19 Pandemic be sentenced to death, the aim is to create a deterrent effect and prevent recurrence. the same thing in the future.
PIERCING THE CORPORATE VEIL DOCTRINE IMPLEMENTATION IN LIMITED COMPANY STOCKHOLDERS ACTIVITIES 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.v4i1.95

Abstract

Research on the position of shareholders in Limited Liability Companies has been written by many legal experts and legal practitioners, in this study the author will examine how the application of the doctrine of piercing the corporate veil to the actions of shareholders and the legal consequences on Limited Liability Companies and the legal settlement process. The method used in this research is a normative juridical method (library study) by examining secondary data obtained from primary legal materials, namely regulations and court decisions, secondary legal materials, namely books, journals and research results from other parties and tertiary legal materials. namely dictionaries. The results of the study illustrate that the responsibilities of shareholders have been clearly regulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT), namely in Article 3 paragraph (1) and paragraph (2). Article 3 paragraph (1) of the Company Law stipulates that the shareholders of the Company are not personally responsible for the agreements made on behalf of the Company and are not responsible for the Company's losses in excess of the shares owned. Article 3 paragraph (2) of the Company Law states that the liability of shareholders is no longer limited if the shareholders commit acts against the company. The unlawful act is that the shareholder concerned either directly or indirectly in bad faith utilizes the Company for personal interests, the shareholder concerned is involved in an unlawful act committed by the Company; or the shareholders concerned either directly or indirectly unlawfully use the Company's assets which results in the Company's assets being insufficient to pay off the Company's debts. The legal settlement of the actions of shareholders who violated the law in a Limited Liability Company has been rolled out in the Corruption Court, namely a case of corruption by the shareholders of PT. MP. The shareholder was charged with committing a criminal act of corruption in a protected forest area shooting project carried out by PT. MP and has been found guilty by the Central Jakarta District Court with a sentence of 2 years and a fine of money. At the level of appeal the decision became higher, namely 6 years and at the level of cassation the decision for 6 years has been upheld by the Supreme Court of the Republic of Indonesia. However, in its development, the doctrine of piercing the corporate veil was also applied to the actions of the Company's Directors and Commissioners who were negligent in running the Company.
APPLICATION OF RESTORATIVE JUSTICE TO DRUGS CASES OF POTENT DRUG LIST G CLASS 2 Prasetyo, Elang; Makarao, Taufik; Fauziah, Fauziah
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.107

Abstract

The concept of Restorative Justice has actually been around for quite some time, more than twenty years ago as an alternative settlement of criminal cases, especially children, with various considerations. As stated by John Braithwaite that, Restorative Justice is a new direction between "justice" and "walfare model", then between "retribution" and "rehabilitation". Restorative justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, victims' families and perpetrators' families, the community and parties with an interest in a criminal act that occurred to reach an agreement and settlement. The problem of hard drugs is a serious problem in the world of health. People who do not know become victims. Even though it is not certain that the drug being abused is correct and the composition is correct. Obviously this is very dangerous for patients or users of certain brands of drugs, especially hard drugs (list G drugs) which contain active ingredients, can cause dependence, because other than drugs if used improperly or without a doctor's prescription, on the contrary, they will become toxic to the human body and endanger health. . The formulation of the problem is as follows: (1) How is the urgency of justice in the implementation of Restorative Justice in cases of hard drugs listed G Group 2? (2) How effective is the implementation of the implementation of the application of Restorative Justice in cases of hard drugs listed G Group 2? The research method used is normative juridical with data collection techniques using library research and document studies and data analysis techniques using normative analysis methods. The results of the study show that: (1) The Restorative Justice approach can help to reduce the abuse of hard drugs listed G Group 2 in a more effective way, through recovery of perpetrators and their return to society. In this case, the Restorative Justice approach can also help to build a safer and healthier environment for the community. (2) Based on existing research, it can be concluded that regulations have good effectiveness in implementing restorative justice in drug cases belonging to group G. The restorative justice approach prioritizes recovery and rehabilitation of offenders, offering opportunities for offenders to improve themselves and return to being a good member of society. contribute. Therefore, restorative justice arrangements for drug cases belonging to group G not only provide a deterrent effect for perpetrators, but also provide opportunities for self-improvement and reintegration into society as activists.
LEGAL ANALYSIS OF ABORTION CRIME PERFORMED BY UNDERAGE OF RAPE VICTIMS IN THE PERSPECTIVE OF LEGAL DEVELOPMENT Nuraini, Fitri; Semendawai, Abdul Haris; Riyanto, Slamet
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.108

Abstract

Criminal acts are currently a major concern, both from the top, namely the government and from the general public. The number of abortions in Indonesia is currently quite high, no less than two million cases per year. Until now there have been many different responses to abortion, religious experts, health experts, economists have given statements, each of which is against or even supports, religious experts view that whatever the reason abortion is an act that is contrary to religion because it kills the life of the fetus which means committing murder. Sexual violence that generally occurs is violence in the public domain, such as rape, sexual abuse, sexual harassment, and so on. The rape crime case causes the most difficulties in settlement both at the stages of investigation, prosecution, and at the stage of imposing a decision, in addition to the difficulties within the limits above, as well as difficulties in proving it becauserape or sexual immorality is generally carried out without the presence of other people. The rise of the crime of rape has become a special concern for feminists and also the wider community. This concern arises because apart from looking at upholding justice by punishing the perpetrators, it is also necessary to regulate rape victims, especially for victims who are pregnant with the children of the perpetrators of rape. Considering the possibility that the victim of rape could have a child as a result of the rape, this can bring future suffering to the victim. In practice, the problem regarding the effectiveness of the law on abortion, especially for rape victims, still raises pros and cons. Being a victim of rape alone is hard enough, especially when coupled with the occurrence of pregnancy as a result of rape. Abortion is not only a medical or health problem, but also a social problem related to the notion of freedom that a society adheres to. Meanwhile, according to Indonesian law, abortion is seen as a criminal act, because abortion is a real phenomenon, although more cases are covered up than reported. The act of abortion is also an act of dilemma, because not least of the existing practices are actually many mothers who have lost their lives due to having abortions.
LEGAL ANALYSIS OF DIVORCE DUE TO EARLY MARRIAGE Aryanti, Aryanti; Lubis, Efridani; Yulianto, Rohmad Adi
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.110

Abstract

The study of Juridical Analysis of Divorce Due to Early Marriage aims to determine the regulation of early marriage in positive law in Indonesia and to determine dispute resolution (divorce) due to early marriage. This study uses a normative juridical approach. The research method used in this research is descriptive analytical method, which is a research method by processing data, analyzing, researching and interpreting as well as making conclusions and providing suggestions which are then arranged in a systematic discussion so that the problem can be understood. The type of research used is normative law research. The results show that families experiencing economic difficulties will tend to marry off their children at a young age, this marriage is expected to be a solution to the economic difficulties experienced by families, marriage is expected to reduce the family's economic burden. Another influence is due to the low level of education that encourages them to get married quickly. Because they do not understand how marriage really is, the occurrence of pregnancy out of wedlock, because children have relationships that violate the norms forcing them to have early marriages in order to clarify the children conceived by this marriage force them to marry. There are still many women in Indonesia who marry underage for various reasons such as customs, economy, and other things that are not desirable. In fact, according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, it is stated that marriage is only permitted if the man and woman are 19 years old.
LEGAL PROTECTION OF PASPAMPRES WHICH SERVICES ASSIGNED TO SECURE THE PRESIDENT Permadi, Danardana; Mulyono, Mulyono; Riyanto, Slamet
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.112

Abstract

This legal research on legal protection for Paspampres soldiers tasked with securing the President aims to examine and formulate forms of legal protection for Paspampres soldiers tasked with securing the President. The formulation of the problem includes: (a) how is the legal protection for Paspampres soldiers in charge of securing the president; and (b) and how to formulate the ideal concept of legal protection for the Paspampres which has the duty to protect/secure the president. The research method used in this research is explanatory with a normative juridical approach. The results of this study indicate that legal protection for soldiers who carry out the task of protecting the President is still low and inadequate with their very heavy duty as a safety, protector, and life shield for the Head of State. Paspampres soldiers are still often blamed when there is a security threat to the President, even though the threat actually comes from the President's lack of/disobedience to the security protocol, while Paspampres soldiers have clearly worked according to the SOP. Protection of Paspampres Soldiers in general with legal protection for other TNI soldiers. Until now, there has been no special protection arrangement for the Presidential Security Forces when it comes to securing the President. The ideal concept for the protection of Paspampres soldiers is to be specifically differentiated and improved in quality, commensurate with the weight of the duties and security of the President. Therefore, it is necessary to make special regulations regarding legal protection for Paspampres Soldiers. One of the contents of the special regulation is that the Paspampres soldiers are not blamed if there is a threat to the President's security due to the President not complying with the security protocol, while the Paspampres soldiers have clearly complied with the SOP in securing the President. The conclusion of this study is the need to formulate special regulations regarding legal protection for Paspampres Soldiers.
THE POWER OF CHILD WITNESSES AS EVIDENCE IN CRIMINAL CASE CASES Gunawan, Wahyu Indra; Makarao, M Taofik; Harahap, Hapendi
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.113

Abstract

Witness testimony is an important factor in all judicial process implementation activities and as evidence that can incriminate or relieve the defendant. Article 1 point 1 of Law Number 13 of 2006 concerning Protection of Witnesses and Victims, states "Witnesses are people who can provide information in the interests of investigations, investigations, prosecutions, and examinations at court hearings regarding a criminal case that he himself heard, saw himself, and/or he experienced it himself. Article 1 number 29 of the Criminal Procedure Code explains that: "A child's statement is information given by a child about things that are needed to clarify a criminal case for the purposes of examination in matters and according to the method stipulated in this law. The right of children to testify in court is protected by law. As regulated in Article 12 of the Convention on the Rights of the Child which has been ratified by Indonesia with Presidential Decree No. 36 of 1990
THE EFFECTIVENESS OF CRIMINAL LAW ENFORCEMENT ON PROHIBITED DRUG LIST G ABUSE IN THE PERSPECTIVE OF LEGAL CERTAINTY Mansyur, Masyur; Wiryanto, Wiryanto; Fadillah, Syarif
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.115

Abstract

Research on the Effectiveness of Criminal Law Enforcement Against Abuse of Illegal Drugs List G in the Perspective of Legal Certainty. This study aims to analyze how law enforcement against drug abuse of list G according to criminal law; to analyze the law enforcement policy on drug abuse of list G in the future. The research methods used in obtaining the data or materials in the study include: normative legal research. This research uses a statutory approach. This research is descriptive analytical and literature. The data analysis technique used is that all primary, secondary and tertiary legal materials are collected, then the legal material is processed qualitatively with a statute approach, namely reviewing legislation to answer legal issues that have been formulated. The results of this study are law enforcement against perpetrators who abuse List G drugs by consuming wrongly so that they become addicts to List G drugs can be charged with Articles 197 and 198 of the Health Law with a maximum penalty of 15 years and a maximum fine of Rp. 1,500,000,000 (one billion five hundred million rupiah) for people who abuse it, whether it's producing, distributing, and selling list G drugs without a doctor's prescription. In addition, the perpetrators of drug abuse on list G can also be charged with Article 114 Paragraph (2) of Law Number 35 of 2009 concerning Narcotics which states that: that any person without rights or against the law owns, keeps, controls or provides narcotics class I non-plants, shall be punished with imprisonment for a minimum of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine of Rp 800,000,000 , - (eight hundred million rupiah) and a maximum of Rp 8,000,000,000 (eight billion rupiah); and future criminal law policies against drug abusers of List G are given through PERMENKES No 7/2018 which classifies one of the list G drugs that is often misused, namely Karisoprodol as Narcotics Category I. In other words, law enforcement against abusers of Karisoprodol uses Law 35/2009. For producers and dealers there are sanctions in accordance with the provisions in Law 35/2009 and for Karisoprodol addicts have the same rights as narcotics users, namely to get the right to rehabilitation, but the agency states that Permekes 7/2018 cannot be applied because of inadequate facilities and infrastructure to carry out law enforcement.
LEGAL ANALYSIS OF CHILDREN SEXUAL VIOLENCE CRIMINAL ACTS (STUDI KASUS PERKARA NOMOR: 86/PID.SUS/2022/PT BDG) Putri, Marcika Rizky Hidayah; Hoesein, Zainal Arifin; Zakky, Moh
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.116

Abstract

Children are God's creations that need to be protected by anyone because of their limitations. One of the protections provided is legal protection for children who get a form of violence. Violence that children receive will have a negative impact on the child's future. This paper aims to find out the need to provide legal protection for children as victims of violence and legal protection for children as victims of violence according to statutory regulations. To find out this, normative research was carried out by studying and researching laws and regulations related to child protection. The need for normative legal research in order to know the legal protection for children as victims of violence. The problems formulated in this research are, firstly, why children who are victims of violence need to be given legal protection, and secondly, how is legal protection for children who are victims of violence according to statutory regulations. Legal protection for children is given so that children's rights are protected as stated in the laws and regulations governing child protection, namely not getting forms of violence as stated in Articles 76A to 76B Law Number 35 of 2014 and legal protection given for the justice of the child. Therefore, the state provides legal protection for all children which has been regulated to be implemented in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 35 of 2014 concerning child protection, in order to prevent the occurrence of violence against children.
IMPLEMENTATION OF CHILD PROTECTION POLICIES IN INDONESIA - A COMPARISON STUDY OF THE EFFECTIVENESS OF CHILD PROTECTION INSTITUTIONS PERFORMANCE Makarao, Taufik; Faruqi, Quthub Al
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.117

Abstract

The study considers the effectiveness of the performance of child protection institutions, namely The Ministry of Empowerment of Women and Child Protection (KPPPA), The Indonesian Child Protection Commission (KPAI), The Child Protection National Commissions (Komnas PA) and The Indonesian Children's Protection (LPAI) in an effort to optimize the implementation of child protection policies in Indonesia, based on individual institutions' positions, duties and functions, And comprehensive discussion on issues that impede the effectiveness of the implementation of child protection policies from individual institutions. Researchers use normative-study methods with a normative-normative juridical approach. The data source consists of the primary material of law, which is bill no. 23 of 2002 on child protection and other related legislation, a secondary legal ingredient of journals, articles, and other scientific items that have a bearing on the subject of researchers, non - law articles, encyclopedias and others. For further analysis and explanatory purposes to this study, using a comparative approach made by comparing one legal institution with another so that the differences and similarities in circumstances, circumstances, history and legal systems in each body were examined. Research shows that the ineffective implementation of child protection policies carried out by child protection agencies today is caused by a complex phenomenon of the implementation of child protection policies from various factors influencing them. From the beginning of fundamental issues that occur in communities which are closely related to the still less cultures and cultures of Indonesian law, the level of knowledge and understanding of society in a large way toward the content of legislation, generalized regulatory communication patterns, the brevity of governance between institutions, the lack of jobs and functions given by the law, the lack of budgets, The lack of a representative agency in the region, the poor political commitment of local governments, the sectarian ego between relevant agencies, the unprofessional law enforcement officers in the performance of their duties and authority, and the limitations to the means, infrastructure and facilities that each institution has in supporting law enforcement.

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