Case Law
Jurnal hukum case-law adalah jurnal ilmiah untuk bidang penelitian hukum yang diterbitkan oleh Program Studi Hukum Program Pascasarjana Universitas Galuh. Jurnal hukum case-law ini mencakup hasil-hasil penelitian, mahasiswa, dosen, praktisi dan peneliti lainnya di berbagai bidang ilmu hukum secara studi kasus, kajian teoritis, perbandingan hukum dan bidang kajian yang berkaitan dengan hukum dalam arti luas. Jurnal ini diterbitkan dua kali dalam setahun (Juli dan Januari). Jurnal ini diharapkan menjadi sarana untuk pengembangan intelektual akademisi dan praktisi serta mampu mengedukasi masyarakat dengan meningkatkan budaya penelitian hukum. Case-law legal journals are scientific journals for the field of legal research published by the Galuh University Postgraduate Law Study Program. These case-law legal journals include the results of research, students, lecturers, practitioners and researchers others in various fields of law in case studies, theoretical studies, legal comparisons and fields of study relating to law in the broadest sense. This journal is published twice a year (July and January). The journal is expected to be a means for the intellectual development of academics and practitioners and is able to educate the public by enhancing a culture of legal research.
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<![CDATA[POLEMIK HUKUM PEMERINTAHAN DESA (Studi di Desa Handapherang Kecamatan Cijeungjing Kabupaten Ciamis): Array ]]>
<![CDATA[H. Zulkarnaen]]>;
<![CDATA[Tintin Marliah]]>;
<![CDATA[Budi Setiaman]]>;
<![CDATA[Yussana]]>
<![CDATA[ Case Law Vol. 1 No. 1 (2020): Case Law ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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<![CDATA[The village administration in each regency has different authorities but must refer to the current law. So in this study only focused on polemic changes in the law on the Village which is applied by one of the Village Governments in Ciamis Regency which will affect the change in authority of the Village Head. This research uses normative legal methods using secondary data types. The data collection technique used is library research. After the data collection and processing stage, the next stage is analyzing the data. Appointment of village apparatus that does not have a KTP in a nominating village or does not live or is domiciled in the village is abolished by the decision of the Constitutional Court No. 128 / PUU / XIII / 2015 concerning the abolition of the conditions of domicile for prospective village officials through the review of Article 33 letter g and Article 50 paragraph (1) letter (c) of Law No. 6 of 2014 concerning Villages In addition, the task of village officials who are 60 years old can still carry out their duties before the Village Law and implementing regulations are determined. This is in accordance with the circular letter of the Directorate General of Community Empowerment and Village Ministry of Home Affairs Number 140/2035 / PMD dated March 26, 2015 which states that village officials who are not Civil Servants (PNS) status continue to carry out their duties until the end of their tenure.]]>
<![CDATA[KAJIAN KRIMINOLOGIS TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DAN ATAU PENCURIAN DENGAN KEKERASAN DIHUBUNGKAN DENGAN PASAL 340 JO PASAL 338 JO PASAL 365 KUHPidana (STUDI KASUS PERKARA NOMOR 377 / PID. B/ 2008/ PN. CIAMIS): Array ]]>
<![CDATA[Rachmatin Artita]]>;
<![CDATA[Sumari]]>;
<![CDATA[Hussein Sujana]]>;
<![CDATA[Heru Utomo]]>
<![CDATA[ Case Law Vol. 1 No. 1 (2020): Case Law ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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<![CDATA[The problems in this research are (1) What factors that cause the crime of premeditated murder and / or theft with violence are related to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) ? (2) What consequences arises from the occurrence of criminal acts of premeditated murder and or theft with violence connected to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis)? (3) How is the application of the elements of Article 340 Jo Article 338 Jo Article 365 of the Criminal Code in the criminal act of premeditated murder and or theft with violence (case study case Number 377 / PID. B / 2008 / PN. Ciamis)? The method used in this research is analytical descriptive, with normative juridical approach, the technique of collecting data is literature, observation and interview. The results of the study inform that: (1) Factors causing criminal acts of premeditated murder and or theft with violence are related to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) are because the suspect felt confused after the victim claimed to be pregnant and asked to be married. and after the suspect heard the victim's words the suspect did not give a decision to immediately marry her but the suspect gave an explanation that the suspect had a family and then the suspect returned home. Then the suspect does not immediately do what the suspect has planned because he sees an impossible situation and the suspect has no reason to invite the victim to leave the house. Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) is: (1) Death of the victim has decided the life expectancy of the victim; (2) The death of the victim leaves deep sorrow and injury to the victim's family; (3) Death of the victim results in the loss of the victim's property; and (4) Acts of perpetrators / suspects cause public unrest and antipathy. (3) The application of the elements of Article 340 Jo Article 338 Jo Article 365 of the Criminal Code in the criminal act of premeditated murder and or theft with violence (case study case Number 377 / PID. B / 2008 / PN. Ciamis), is that the defendant MISYO BIN MUSTAR has been proven and convicted of committing a criminal act of premeditated murder in this case the court has sentenced the defendant to imprisonment for 15 (fifteen) years and burdened the defendant by paying the court fee of Rp. 1000.00 (one thousand rupiah).]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN BARANG ELEKTRONIK JENIS LAPTOP TERHADAP PASAL 36 UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA DI PT. ADIRA QUANTUM MULTIFINANCE TASIKMALAYA: Array ]]>
<![CDATA[Herdi Wibowo]]>;
<![CDATA[Sirrinawati]]>;
<![CDATA[Eka Jaenal Arifin]]>;
<![CDATA[Arif Hermawan]]>
<![CDATA[ Case Law Vol. 1 No. 1 (2020): Case Law ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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<![CDATA[In reality on the ground, many people who take leasing goods embezzled the goods which were the objects of the leasing and contradicted the existing regulations. In this study the authors formulated the problem to what extent law enforcement criminal acts of embezzlement of electronic goods of laptop types against Article 36 of Law Number 42 of 1999 concerning Fiduciary Guarantees at PT. Adira Quantum Multifinance Tasikmalaya; constraints and efforts. The method used in this study is a descriptive analytical method, which is a way to solve problems or answer the problems being faced, carried out by way of collecting, classification, data analysis concluded with the aim to make a picture of a situation objectively, with a juridical approach method normative. Based on the results of the study it can be concluded that law enforcement of the embezzlement of electronic goods of laptop types against article 36 of Law Number 42 of 1999 Concerning Fiduciary Guarantees at PT. Adira Quantum Multifinance Tasikmalaya is not implemented in accordance with the provisions of article 36 of Law Number 42 of 1999 concerning Fiduciary Guarantees. The constraints are the existence of goods which are used as fiduciary collateral is no longer in the hands of the debtor and is in a third party that cannot be traced to its existence, still found incomplete administrative requirements of goods which are the object of fiduciary collateral at issue by the finance company, and requires time long time in taking or executing goods that are guaranteed. Efforts are to forcibly take / confiscate electronic goods in the form of laptops and report them to the police, because the company has been unable to take action against the debtor, because the debtor is difficult to find or cannot show / surrender the goods as collateral.]]>
<![CDATA[ANALISIS DAMPAK PEMILIHAN KEPALA DAERAH (PILKADA) SECARA LANGSUNG: REFORMULASI SISTEM PEMILIHAN KEPALA DAERAH DI INDONESIA (AN ANALYSIS OF THE IMPACT OF DIRECT ELECTION FOR LOCAL LEADERS: REFORMULATION OF ELECTION FOR LOCAL LEADERS SYSTEM IN INDONESIA): Array ]]>
<![CDATA[Nanang Permana]]>;
<![CDATA[Sopwan Ismail]]>;
<![CDATA[Ipah Hudaifah]]>;
<![CDATA[Maulana Hasanudin]]>
<![CDATA[ Case Law Vol. 1 No. 1 (2020): Case Law ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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<![CDATA[The mandate of the Constitution which became the basis for implementing a democratic Regional Head Election contained in Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia.. The democratic meaning is then set forth in a law which then regulates the local election mechanism. That currently the PILKADA regime is directly being implemented, there are some weaknesses and negative impacts that we should evaluate in order to build a constitutional democracy and reconstruct the implementation of PILKADA that is in accordance with the social, cultural and geographical system in Indonesia. The problems examined in this study are related to the evaluation of the implementation of direct local elections and reformulation of the local election system in Indonesia. The research method used is normative juridical doctrinal research. The approach used by the writer is the statutory approach and the cash approach. The results of the discussion of this research are that the holding of regional head elections still contains various problems both juridically and sociologically, starting from the huge cost and work burden, the regional head tripping over the law, political money, horizontal conflicts, and inconsistent regional dispute resolution. As a step to reformulate the local election system, it is necessary to carry out together the two direct and indirect regional head elections systems, directly to district / municipal regional head elections, indirectly, provincial level regional head elections where the regional head is elected by the president as the representative of the central government in the region.]]>
<![CDATA[URGENSI RATIFIKASI PERJANJIAN BANTUAN HUKUM TIMBAL BALIK DALAM MASALAH PIDANA MELALUI KEPUTUSAN PRESIDEN TERHADAP PENGEMBALIAN ASSET-ASSET HASIL KEJAHATAN TINDAK PIDANA KORUPSI ANTARA REPUBLIK INDONESIA DAN KONFEDERASI SWISS : Array ]]>
<![CDATA[Herman Katimin]]>;
<![CDATA[Dewi Mulyanti]]>;
<![CDATA[Iis Yeni Idaningsih]]>;
<![CDATA[Amir Hussein Saleh]]>
<![CDATA[ Case Law : Journal of Law Vol. 1 No. 1 (2020): Case Law : Journal of Law | Juli 2020 ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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DOI: 10.25157/caselaw.v1i1.2286
<![CDATA[After the international agreement on Reciprocal Assistance in Criminal Matters between the Republic of Indonesia and the Swiss Confederation on 4 February 2019 in order to speed up criminal law processes in the Requesting State, at the level of implementation it is still not effective and there are no concrete steps in returning assets resulting from corruption in Switzerland. From these problems, the research method used is normative legal research by reviewing and analyzing international law and national law, including the agreement concerned. The results of the discussion are that in substance the agreement does not specifically or specifically confirm the resolution of the dispute and does not formulate provisions for ratification. In addition, it takes a long time to ratify the agreement into law through the DPR's approval process. Therefore, the substance of the agreement needs to be amended again and in a state of urgency by observing the principle of pacta servanda and the principle of freie emmessen. The ratification of the agreement should be through a presidential decree or presidential regulation to assist state resources in sustainable development and to be able to prosper the people, nation and Indonesian state.]]>
<![CDATA[POLEMIK HUKUM PEMERINTAHAN DESA (Studi di Desa Handapherang Kecamatan Cijeungjing Kabupaten Ciamis): Array ]]>
<![CDATA[H. Zulkarnaen]]>;
<![CDATA[Tintin Marliah]]>;
<![CDATA[Budi Setiaman]]>;
<![CDATA[Yussana Yussana]]>
<![CDATA[ Case Law : Journal of Law Vol. 1 No. 1 (2020): Case Law : Journal of Law | Juli 2020 ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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DOI: 10.25157/caselaw.v1i1.2287
<![CDATA[The village administration in each regency has different authorities but must refer to the current law. So in this study only focused on polemic changes in the law on the Village which is applied by one of the Village Governments in Ciamis Regency which will affect the change in authority of the Village Head. This research uses normative legal methods using secondary data types. The data collection technique used is library research. After the data collection and processing stage, the next stage is analyzing the data. Appointment of village apparatus that does not have a KTP in a nominating village or does not live or is domiciled in the village is abolished by the decision of the Constitutional Court No. 128 / PUU / XIII / 2015 concerning the abolition of the conditions of domicile for prospective village officials through the review of Article 33 letter g and Article 50 paragraph (1) letter (c) of Law No. 6 of 2014 concerning Villages In addition, the task of village officials who are 60 years old can still carry out their duties before the Village Law and implementing regulations are determined. This is in accordance with the circular letter of the Directorate General of Community Empowerment and Village Ministry of Home Affairs Number 140/2035 / PMD dated March 26, 2015 which states that village officials who are not Civil Servants (PNS) status continue to carry out their duties until the end of their tenure.]]>
<![CDATA[KAJIAN KRIMINOLOGIS TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DAN ATAU PENCURIAN DENGAN KEKERASAN DIHUBUNGKAN DENGAN PASAL 340 JO PASAL 338 JO PASAL 365 KUHPidana (STUDI KASUS PERKARA NOMOR 377 / PID. B/ 2008/ PN. CIAMIS): Array ]]>
<![CDATA[Rachmatin Artita]]>;
<![CDATA[Sumari Sumari]]>;
<![CDATA[Hussein Sujana]]>;
<![CDATA[Heru Utomo]]>
<![CDATA[ Case Law : Journal of Law Vol. 1 No. 1 (2020): Case Law : Journal of Law | Juli 2020 ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
Show Abstract
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DOI: 10.25157/caselaw.v1i1.2288
<![CDATA[The problems in this research are (1) What factors that cause the crime of premeditated murder and / or theft with violence are related to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) ? (2) What consequences arises from the occurrence of criminal acts of premeditated murder and or theft with violence connected to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis)? (3) How is the application of the elements of Article 340 Jo Article 338 Jo Article 365 of the Criminal Code in the criminal act of premeditated murder and or theft with violence (case study case Number 377 / PID. B / 2008 / PN. Ciamis)? The method used in this research is analytical descriptive, with normative juridical approach, the technique of collecting data is literature, observation and interview. The results of the study inform that: (1) Factors causing criminal acts of premeditated murder and or theft with violence are related to Article 340 Jo Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) are because the suspect felt confused after the victim claimed to be pregnant and asked to be married. and after the suspect heard the victim's words the suspect did not give a decision to immediately marry her but the suspect gave an explanation that the suspect had a family and then the suspect returned home. Then the suspect does not immediately do what the suspect has planned because he sees an impossible situation and the suspect has no reason to invite the victim to leave the house. Article 338 Jo Article 365 Criminal Code (case study case Number 377 / PID. B / 2008 / PN. Ciamis) is: (1) Death of the victim has decided the life expectancy of the victim; (2) The death of the victim leaves deep sorrow and injury to the victim's family; (3) Death of the victim results in the loss of the victim's property; and (4) Acts of perpetrators / suspects cause public unrest and antipathy. (3) The application of the elements of Article 340 Jo Article 338 Jo Article 365 of the Criminal Code in the criminal act of premeditated murder and or theft with violence (case study case Number 377 / PID. B / 2008 / PN. Ciamis), is that the defendant MISYO BIN MUSTAR has been proven and convicted of committing a criminal act of premeditated murder in this case the court has sentenced the defendant to imprisonment for 15 (fifteen) years and burdened the defendant by paying the court fee of Rp. 1000.00 (one thousand rupiah).]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA PENGGELAPAN BARANG ELEKTRONIK JENIS LAPTOP TERHADAP PASAL 36 UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA DI PT. ADIRA QUANTUM MULTIFINANCE TASIKMALAYA: Array ]]>
<![CDATA[Herdi Wibowo]]>;
<![CDATA[Sirrinawati Sirrinawati]]>;
<![CDATA[Eka Jaenal Arifin]]>;
<![CDATA[Arif Hermawan]]>
<![CDATA[ Case Law : Journal of Law Vol. 1 No. 1 (2020): Case Law : Journal of Law | Juli 2020 ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
Show Abstract
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DOI: 10.25157/caselaw.v1i1.2289
<![CDATA[In reality on the ground, many people who take leasing goods embezzled the goods which were the objects of the leasing and contradicted the existing regulations. In this study the authors formulated the problem to what extent law enforcement criminal acts of embezzlement of electronic goods of laptop types against Article 36 of Law Number 42 of 1999 concerning Fiduciary Guarantees at PT. Adira Quantum Multifinance Tasikmalaya; constraints and efforts. The method used in this study is a descriptive analytical method, which is a way to solve problems or answer the problems being faced, carried out by way of collecting, classification, data analysis concluded with the aim to make a picture of a situation objectively, with a juridical approach method normative. Based on the results of the study it can be concluded that law enforcement of the embezzlement of electronic goods of laptop types against article 36 of Law Number 42 of 1999 Concerning Fiduciary Guarantees at PT. Adira Quantum Multifinance Tasikmalaya is not implemented in accordance with the provisions of article 36 of Law Number 42 of 1999 concerning Fiduciary Guarantees. The constraints are the existence of goods which are used as fiduciary collateral is no longer in the hands of the debtor and is in a third party that cannot be traced to its existence, still found incomplete administrative requirements of goods which are the object of fiduciary collateral at issue by the finance company, and requires time long time in taking or executing goods that are guaranteed. Efforts are to forcibly take / confiscate electronic goods in the form of laptops and report them to the police, because the company has been unable to take action against the debtor, because the debtor is difficult to find or cannot show / surrender the goods as collateral.]]>
<![CDATA[ANALISIS DAMPAK PEMILIHAN KEPALA DAERAH (PILKADA) SECARA LANGSUNG: REFORMULASI SISTEM PEMILIHAN KEPALA DAERAH DI INDONESIA (AN ANALYSIS OF THE IMPACT OF DIRECT ELECTION FOR LOCAL LEADERS: REFORMULATION OF ELECTION FOR LOCAL LEADERS SYSTEM IN INDONESIA): Array ]]>
<![CDATA[Ida Farida]]>;
<![CDATA[Nanang Permana]]>;
<![CDATA[Sopwan Ismail]]>;
<![CDATA[Maulana Hasanudin]]>
<![CDATA[ Case Law : Journal of Law Vol. 1 No. 1 (2020): Case Law : Journal of Law | Juli 2020 ]]>
Publisher : <![CDATA[Program Studi Hukum Program Pasca Sarjana ]]>
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DOI: 10.25157/caselaw.v1i1.2291
<![CDATA[The mandate of the Constitution which became the basis for implementing a democratic Regional Head Election contained in Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia.. The democratic meaning is then set forth in a law which then regulates the local election mechanism. That currently the PILKADA regime is directly being implemented, there are some weaknesses and negative impacts that we should evaluate in order to build a constitutional democracy and reconstruct the implementation of PILKADA that is in accordance with the social, cultural and geographical system in Indonesia. The problems examined in this study are related to the evaluation of the implementation of direct local elections and reformulation of the local election system in Indonesia. The research method used is normative juridical doctrinal research. The approach used by the writer is the statutory approach and the cash approach. The results of the discussion of this research are that the holding of regional head elections still contains various problems both juridically and sociologically, starting from the huge cost and work burden, the regional head tripping over the law, political money, horizontal conflicts, and inconsistent regional dispute resolution. As a step to reformulate the local election system, it is necessary to carry out together the two direct and indirect regional head elections systems, directly to district / municipal regional head elections, indirectly, provincial level regional head elections where the regional head is elected by the president as the representative of the central government in the region.]]>
