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INDONESIA
JURNAL JUSTIQA
Published by Universitas Quality
ISSN : 29647061     EISSN : 26856832     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Justiqa merupakan jurnal yang bertemakan Ilmu Hukum, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum. Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum dengan topik-topik sebagai berikut: Hukum Administrasi, Hukum Pidana, Hukum Internasional, Hukum Perdata, Hukum dan Masyarakat, Hukum Hak Asasi Manusia, dan analisis hukum lainnya
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 45 Documents
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PERMASALAHAN DAN UPAYA PENYELESAIAN SENGKETA KONTRAK PENGADAAN BARANG/JASA PEMERINTAH Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 4, No 1 (2022): VOL 4 NO 1 TAHUN 2022
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In general, in making an agreement/agreement it is always preceded by an agreement and then it is stated in a letter or deed in this case when it comes to government goods/services it must be carried out in an agreement called a contract. The contract will state the rights and obligations of the parties who are the reference in carrying out a job with the aim that the parties bound in the contract are able to comply and submit in accordance with the contents of the contract agreement made. It is undeniable and frequent dissatisfaction by the Commitment Making Officer (PPK) for the implementation of the contract by the provider of goods/services. Such dissatisfaction can lead to unilateral termination of the contract by the Committing Officer, which is followed by other actions such as collecting a full refund of the advance and blacklisting the provider of goods/services. Meanwhile, the provider of goods/services will not simply accept the act of terminating the contract by the PPK. The provider of goods/services will try to submit various reasons and defenses. Thus, the termination of the contract can cause a dispute between the PPK and the provider of goods/services. To accommodate problems that often arise in the field, Law Number 30 of 1999 concerning Arbitration and Alternative General Dispute Resolution has regulated procedures for resolving disputes between contracting parties. In addition, specifically for government goods/services procurement contracts, provisions regarding contract termination are also found in Presidential Regulation number 54 of 2010. Contract dispute resolution is not only resolved according to the law but in practice in the field, dispute resolution can be carried out by means of deliberation between the disputing parties. , and if there is a stalemate, the final settlement is carried out through legal channels in court.
KAJIAN HUKUM DALAM PENERAPAN UNDANG-UNDANG TENTANG PENCUCIAN UANG DALAM RANGKA PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA BERBASIS NILAI KEADILAN Ismaidar Ismaidar; Permai Yudi
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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the territorial State. More sophisticated forms of kejahatanya and organized in mess, making it difficult to detect. Criminals are always trying to save money is the proceeds of crime through a variety of ways, one of them by doing money laundering (Money loundering). To be able to apply the law the crime of money laundering, required the existence of a proof of the truth that there has been an act of money laundering, so there are things you need to know before implementing the proof i.e. concept basics of money laundering, money laundering-mode mode, the method of proof is not direct. Criminal acts of corruption is one part of a special criminal law on the side has certain specifications that differ with the general criminal law. such drift event law as well as in terms of the material which is set then the criminal acts of corruption are directly or indirectly intended to suppress the minimal possible occurrence of leakage and irregularities to finance and the economy of the country. This is understandable because on the one hand the development community so quickly and the modus operandi of criminal acts of corruption is more sophisticated and varied while on the other hand the development of the law (law in book) is relatively lagging behind with the development the community. Constraints arising in the investigation of a criminal offence of money laundering can be categorized into two, namely the juridical nature of the constraints and non-juridical. The juridical nature of the obstacle, namely, the existence of the secret provisions of the bank, the liability of the investigator protects reporters and witnesses, the investigator perception against the crime of money laundering has not been perfect, and information from the Transaction reporting and Analysis Centre Finance (PPATK) are not complete. Whereas a non juridical barriers i.e., reporters aren't necessarily victims, and human resources capability Ombudsman is limited
POLEMIK PASAL 3 UU NO. 31 TAHUN 1999 TENTANG TIPIKOR MENGENAI UNSUR NIAT JAHAT DAN MEMPERKAYA DIRI BAGI PELAKU TINDAK PIDANA KORUPSI Berlian Tarigan
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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The Constitutional Court (MK) has received a request for judicial review of Article 2 and Article 3 of Law No. 31 of 1999 concerning Eradication of Criminal Acts of Corruption (Corruption Act) as amended by UUNo. 20 of 2001, through Decision No. 25 / PUU-XIV / 2016. In that decision, the Constitutional Court stated that the phrase "can" in Article 2 paragraph (1) and Article 3 of the Corruption as already amended by Law No. 20 of 2001 contrary to the 1945 Constitution and has no binding legal force. Then it becomesa legal issue whether the MKNo Decision is made. 25 / PUUXIV / 2016 will be a solutionto the problem of applying Article 3 of Law no. 31 of 1999 or does the reverse cause newlegal problems? The evil intention (mens rea) in the form of intent in Article 2 of thePTPK Law above is not made clearly, but from the sentence "... unlawfully commits actsof enriching oneself or another person or a corporation ...", then the form of intent isincluded "with intent or with the aim ". This implied that PMH was carried out with theintent or purpose of enriching oneself or another person or a corporation. WhereasArticle 3 of the PTPK Law clearly and explicitly includes the words "for the purpose of"benefiting oneself or another person or a corporation. The subjective element inherent inthe mind of the maker according to article 3 is the creator's goal in carrying out the actof abusing authority and others that is to benefit oneself or another person or acorporation. definition of the element of "enriching" oneself or another person or acorporation (vide Article 2 paragraph (1) of law number 31 of 1999 jo law number 20 of2001), then a discussion of the meaning of elements with the aim of "benefiting oneself orpeople another or a corporation "(vide Article 3 of law number 31 of 1999 in conjunctionwith law number 20 of 2001), which is an alternative element so that it is not necessarywhether the perpetrators of a criminal act of corruption must enjoy the proceeds ofcorruption, because it is enough that the offender has "enriched" another person orbenefited another person.
LIBERALISME HUKUM ISLAM DI INDONESIA (DAMPAK TERHADAP PERKEMBANGAN HUKUM ISLAM DI INDONESIA) Qori Rizqiah H Kalingga
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
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Islamic law reflects a set of divine rules or norms that govern the relationship between humans and other humans in social life, with objects and their natural environment. Divine norms that govern the relationship system are rules in a special sense or rules of pure worship that regulate the way or direct relationship between humans and their God, and muamlah regulates humans and others and other creatures in their environment. At the next level, divine norms are constructed in the form of binding rules for Muslims called Islamic Law. Islamic law has universal characteristics and applies to all Muslims in a place or country at one time. Respect human dignity as a unit of body and soul and honor human beings as a whole, and its implementation is driven by faith and morals. Thus the existence of Islamic law will create a conducive, peaceful and orderly situation (Rahmatan Lil'alamiin) which touches both the outer and inner aspects. Liberalism or liberal is an ideology, a philosophical viewpoint and a political tradition based on the understanding that freedom is the main political value. Freedom is a separate goal for liberalists, without human freedom cannot live and society cannot function, therefore the idea of freedom in every time and place always plays a role. The term liberal Islam was not well known and paid attention to by people in Indonesia, especially since the number of supporters was only a minority, but recently it has become very popular.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERCOBAAN PEMERKOSAAN Dr. Henny Saida Flora, SH. M.Hum.M.Kn; Berlian SH.,M.Hum
JURNAL JUSTIQA Vol 3, No 1 (2021): VOL 3 NO 1 TAHUN 2021
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Rape is one of the many violations of human rights that often occur so that there is no reason that can justify it if it is contrary to the applicable rules, both from an ethical and religious perspective as well as law. Especially from a legal perspective, considering that Indonesia is a country based on law. Rape is a deprivation of human rights or deprivation of rights, such as the right to virginity, the right to be free from suffering, the right to be free from fear and inhumane behavior and with rape the victim has felt the consequences of human rights abuse.
ANALISIS HUKUM TERHADAP SERTIPIKAT HAK MILIK TANAH PASCA BERLAKUNYA OMNIBUS LAW CIPTA KERJA Budi S.P. Nababan
JURNAL JUSTIQA Vol 3, No 1 (2021): VOL 3 NO 1 TAHUN 2021
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Land has a high value and is a place to live, earn a living, produce offspring, customs, and religious rituals, so to provide legal certainty and legal protection it is necessary to recognize land rights granted by the state through land registration as regulated in Government Regulation Number 24 of 1997 concerning Land Registration and Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The result of the land registration process is a land certificate which serves as a strong proof of ownership of land rights.
TINJAUAN YURIDIS TEMBAK MATI DITEMPAT OLEH BADAN NARKOTIKA NASIONAL REPUBLIK INDONESIA TERHADAP PELAKU PENGEDAR NARKOTIKA Irham Parlin Lubis; Syafruddin Kalo; M. Hamdan; Mahmud Mulyadi
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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The misuse and illegal circulation of narcotics of the government has been assertive bygiving sanctions in the form of death penalty for the drug city, it does not make the othertowns deterrent, the worse drug circulation is precisely controlled from the prisoner byinmates. It is thus necessary a decisive action in stopping narcotic circulation. One of thedecisive actions of the National Narcotics Agency by shooting dead in a drug town tryingto fight. But in the eradication of narcotics criminal offence conducted by the NationalNarcotics Agency by firing death in place against suspected narcotics dealers accordingto the authors has occurred violations of the procedure and also violations of rightsHuman. Firing action is at its destination just to paralyze the perpetrator, even beforefiring towards the perpetrator of law enforcement officials give warning first, in case ofwarning the shot is not obeyed, the direct firing is directed at the limbs that do not harmthe soul. In principle any person accused of committing a criminal offense has the rightsto be protected such as the right to gain a sense of security, the right to the presumptionof innocent access, the right to obtain fair and equal treatment in the face of the law andthe right to defend themselves before the law.
Perlindungan Hukum Produk Terdaftar Berdasarkan Indikasi Geografis Zuhriati khalid; Sugih Ayu Pratitis
JURNAL JUSTIQA Vol 4, No 1 (2022): VOL 4 NO 1 TAHUN 2022
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Protection against Geographical Indications is a new thing in the Intellectual Property Rights protection system. In the protection system against Geographical Indications, it is regulated in how to determine the ownership of a product based on Geographical Indications, what form of legal protection is for products registered with Geographical Indications, and the role of the government in improving Geographical Indications products in Indonesia explaining where Geographical Indications are. The method used in writing this research is to use a normative juridical approach. The type of data used is primary data, secondary data. While the data collection method is done through library research (Library Research). The result of the research is that the protection of Geographical Index is a new thing in the Intellectual Property Rights protection system. The system is regulated in the TRIP's agreement which requires countries to develop legal protection against fraudulent competition practices or acts. Indications that indicate that an item originates from the area as the origin of the item, reputation or other special character of the item can be largely determined by the Essential factor by the Geographical factor of the item concerned.The government's role in improving Geographical Indication products in Indonesia is through the government's efforts to increase the utilization of Geographical Indication products in Indonesia, namely by maximizing the use of Geographical Indications where in this case the government is represented by the Ministry of Industry and Trade (Depperindag), namely by providing guidance or by conducting tracing and collection by identifying geographical indication products in collaboration with relevant national and international cross-departments.
FAKTOR-FAKTOR PENYEBAB TERJADINYA PERSAINGAN USAHA TIDAK SEHAT DI INDONESIA Andos Rewindo Sirait
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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The development of the business world can not be denied is influenced by various factors both internal and external, factors. The development of the business world both past, present and even to the future of the role of businessmen or entrepreneurs in running a business or business. The rapid development of the business world and with the high demand (demand) market or a goods (commodities) to create and encourage businesses to conduct innovation continue - constantly adapted to the needs of consumers, so that consumers do not run and can make the market become sluggish. Unhealthy competition was not without reason, but there are certain reasons that led to the unfair competition. The occurrence of unfair business competition has certainly done by the business either together or individually to determine or make a favorable state business operators themselves. Factors that lead to unhealthy competition can occur due to a favorable circumstances, businesses and take advantage of the sake and the benefit of the business operators, although it will eventually hurt other businesses. Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition is not only designed to protect consumers, but other businesses that did not participate or was involved in the unfair competition. The law prohibits businesses that intend to unfair competition that does not do any harm in the form of other businesses. So the purpose of this law to protect businesses that wish to compete in a healthy manner can be protected.
FAKTOR- FAKTOR PENYEBAB DAN AKIBAT TINDAK PIDANA KORUPSI DITINJAU BERDASARKAN UU NO 20 TAHUN 2001 PERUBAHAN ATAS UU NO 31 TAHUN 1999 TENTANG TINDAK PIDANA KORUPSI (Studi Kasus di Kota Medan) Maslon Hutabalian
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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Crime of corruption is a social phenomenon which is the reality of human behavior in social interactions that are deemed to be deviant, things that are already commonplace, are no longer even common knowledge in the midst of the lives of nations and countries in particular, even throughout the world in general. In the country of Indonesia itself since the days of independence this has become an activity that is attached to stakeholders in the government body in particular, so that when talking about corruption is not a new thing anymore. But along with the times, that this seems to be an unstoppable culture, so it really needs serious attention for the government in terms of eradication. Considering that corruption is a despicable act, it is necessary to see and know what are the causal factors and the consequences of criminal acts of corruption on development in the city of Medan reviewed based on Law No. 20 of 2001 amendment to Law No. 31 Year 1999 concerning corruption. Therefore the author conducted a study in the Medan corruption court which was formed on May 28, 2011 ago.

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