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Jurnal Legisia
Published by Universitas Sunan Giri Surabaya
ISSN : 20876319     EISSN : 28306325     DOI : --
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Legisia is an open access journal affiliated with Sunan Giri University Surabaya and published by the Faculty of Law and social sciences, Sunan Giri University Surabaya in a printed version, for the first time in 2010. This journal aims to serve as a forum for legal practitioners and researchers who want to share and contribute ideas -their ideas in legal studies which include: Criminal Law; Civil law; Constitutional law; Administrative law; International law; Islamic law; Law and Society; Economics and Business Law; Environmental law; Medical Law; and analysis of legislation. Published twice a year in January and July. Articles published in Legisia will go through a double blind peer review process, and will be decided by the Editorial Board based on peer review recommendations
Arjuna Subject : Ilmu Sosial - Hukum
Articles 64 Documents
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Tinjauan Yuridis Tanggung Jawab Orang Tua terhadap Anak Pasca Perceraian Muzakki, Muh Afif; Sodiqin, Ali; Qudussalam, Abdul; Murniati, Dewi
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Divorce cases in Indonesia are increasing, this has also resulted in many male parents (fathers) ignoring their responsibilities to their children. In connection with legal provisions, children must still receive their rights as children based on Article 45 paragraph 1 of Law no. 1 of 1974 concerning Marriage which states "Both parents are obliged to care for and educate their children as best as possible". The aim of this research is to analyze and identify parents' responsibilities towards children after divorce, as well as legal efforts that can be taken to guarantee children's rights. This research uses normative legal research methods, with a statutory regulation approach and secondary data as research references. The research results show that parents' responsibilities towards children after divorce include the responsibility to meet the child's living needs, provide emotional support, and provide adequate education and teaching. Legal efforts that can be taken to guarantee children's rights include efforts to settle outside of court and submitting a petition to court. In this case, the court can decide on matters relating to children's rights, such as custody, maintenance and the interests of the child as a whole. This research provides a more comprehensive view of the legal issues relating to parental responsibility after divorce. In addition, this research can provide insight to the public on the importance of safeguarding children's rights and welfare in the context of divorce, while encouraging awareness of the responsibility of parents in providing the necessary protection and support for the optimal development of their children.
Upaya Hukum Pemegang Saham Minoritas Atas Perusahaan yang Melakukan Merger/Akuisi Sudjai, Sudjai; Suanton, Suanton; Zubair, Asyhary
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.383

Abstract

Minority shareholders have the same rights as majority shareholders and are protected by Law Number 40 of 2007 concerning Limited Liability Companies, one of which is the right to determine the policy of the company that will make an acquisition or marger, but in practice we often read in print or in electronic media about lawsuits filed in the State High Court against majority shareholders because they feel aggrieved by shareholders majority. Therefore, the author examines the rights of minority shareholders and the efforts that can be taken using legal channels if in the acquisition process or company marger harms minority shareholders. This research uses normative or doctrinaire qualitative methods by examining the legal rules that apply to the law and the rules below, so as to obtain a conclusion about the rights and legal remedies that can be carried out by minority shareholders. The results showed that the rights for minority shareholders are to participate in the Minority General Meeting of Shareholders (GMS), the right to get dividends, and the right to conduct an Extraordinary General Meeting of Shareholders (EGMS) in accordance with a court order. Meanwhile, legal remedies that can be taken by minority shareholders if they feel aggrieved in the acquisition process or marger feel aggrieved are asking the company to buy shares owned at a fair price, filing a lawsuit with the directors and commissioners at the High District Court, and proposing the company to be dissolved through the General Meeting of Shareholders (GMS).
Pertanggung Jawaban Kepada Pelaku Pencurian yang di Lakukan Dua Orang atau Lebih dengan Bersekutu ditinjau dalam Pasal 363 Ayat (1) KE-4 KUHP (Studi Putusan Mahkamah Agung No. 1092 K/Pid/2022) Sinaga, Sherina; Sianturi, Ronal Hasudungan; Leonardo, Frans
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.384

Abstract

The research aims to deal with thefts committed by more than two people or in collusion. The formulation of the problem is responsibility for perpetrators of theft based on Article 363 paragraph (1) of the 4th Criminal Code and the basis for inspection, the judge places criminal sanctions on theft cases based on Supreme Court Decision No. 1092 K / Pid / 2022. This type of legal research is juridically normative. The result of the discussion was criminal liability against Defendant II Moh. Asrar Abd Samad in Supreme Court decision No. 1092 K/Pid/. Aswan and his friend are believed to be legally guilty of theft.
Pertanggungjawaban Pidana Kepada Pelaku Pengedaran Obat Sirup Anak yang Mengakibatkan Acute Kidney Injury (AKI) Aritonang, Agnes Monica; Saragih, Mario Setiabudi; Hasibuan, Rizky Maulana
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.385

Abstract

Every action we take has its own consequences for ourselves and the people around us, this is like a "business actor" in carrying out his business activities who expects economic consequences for his business in the form of profit obtained from the sale of the products they produce. however, business actors must not forget the standards set by the relevant supervisory parties, so that the results of the goods / services they market can meet consumer needs and satisfy the consumers themselves. for example, a drug business that is required to include a production code, expiration date, composition, and so on. if one thing is not fulfilled by the business actor, the relevant agency in this case BPOM can withdraw the distribution permit and stop the production and marketing of the drug. If one of the things is not fulfilled by the business actor, the relevant agency in this case BPOM can withdraw the distribution permit and stop the production and marketing of these drugs, a real example that is currently in the news is the case of Acuted Kidney Injury (AKI) or what we know as Acute Kidney Failure which is included in the collection of extraordinary cases that occur in Indonesia because it takes many lives, from this event it was found that negligence in producing drugs in the form of a substance whose cadation exceeded the limit allowed by BPOM. as a result, there is a lot of gossip about the case. As a result, there is a lot of gossip among citizens about the forms of criminal liability of the perpetrators of criminal acts in this case the unscrupulous businessman of the children's syrup medicine, so that the victims get their rights in the form of compensation and compensation. In this case, the government as the supervisor and guarantor of medicines and food through BPOM is also highlighted regarding their supervisory performance, because drugs that are alleged to have mixed substances that exceed the safe threshold actually escape the supervision of related parties and even have production permits and distribution permits listed on the packaging label of the children's syrup medicine.
Telaah Korupsi Pt Timah Tbk Menurut Implementasi Hukum Perusahaan Indonesia Gustiawan Putra, Ido; Setyawan, Fendy; Fahamsyah, Ermanto
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.396

Abstract

This paper analyzes the corruption of PT Timah Tbk using Indonesian corporate law perspective based on Law Number 19 of 2003 concerning BUMN and Law Number 40 of 2007 concerning Limited Liability Companies. This research method is normative with a normative juridical approach, namely the study of PT Timah Tbk's corruption using laws and regulations in the form of Law Number 19 of 2003 concerning BUMN and Law Number 40 of 2007 concerning Limited Liability Companies and various other literature. This paper aims to examine whether or not the rules of Indonesian corporate law in accordance with Law Number 19 of 2003 concerning BUMN and Law Number 40 of 2007 concerning Limited Liability Companies are implemented in the governance of PT Timah Tbk. The results of this study show that Law No. 19 of 2003 and Law No. 40 of 2007 are not optimally implemented, resulting in corruption that causes state losses.
PERJANJIAN ABITRASE SEBAGAI PILIHAN PENYELESAIAN SENGKETA PERDATA (Perspektif Undang-undang Nomor 30 Tahun 1999) Yulianis, M. Sifa Fauzi; Qudussalam, Abdul; Haniyah, Haniyah; Samuji, Samuji; Sodikin, Ali
JURNAL LEGISIA Vol 16 No 2 (2024): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/legisia.v16i2.449

Abstract

The borderless business world with all the problems that arise requires an effective and efficient problem solving system without many obstacles, one way to resolve business disputes through arbitration, as there is in the agreement of the parties to business people where the agreement in question cannot stand alone without the main agreement, how to resolve disputes arising from the arbitration law review agreement on arbitration agreements. This research is a normative research with an approach based on Law No: 30 of 1999 concerning arbitration and dispute resolution, the arbitration agreement is the main agreement that can still stand alone perfectly. Conversely, in the absence of a principal agreement, the parties may not be able to enter into a binding arbitration agreement.
Eksploitasi Anak Dalam Perspektif Hukum Pidana Islam Di Kota Rantauprapat Ritonga, Dhea Kartika
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.478

Abstract

Child exploitation is arbitrary action and discriminatory treatment of children carried out by the community or family with the aim of forcing the child to do something without regard to the child's rights such as physical and mental development. Here we want to see the form of child exploitation crimes that have developed to the smallest regions including the city of Rantauprapat. Islamic criminal law regulates child exploitation. The purpose of this study is to determine the views of Islamic criminal law and the form of crime regarding child exploitation in Rantauprapat. The research approach used is normatipe-empirical with descriptive nature. Primary data conducted by interview is supported by secondary data. The results of this study show the huge impact on children who are exposed to child exploitation has a very fatal impact on the physical and mental health of children. The crime of exploitation of children is carried out in various forms of activities which basically aim to deprive children of their rights and freedoms to grow and develop in a reasonable environment. The crime of child exploitation can be considered as a serious criminal offense, therefore law enforcement authorities are expected to strictly enforce and impose strict penalties for perpetrators of acts of exploitation of children.
Tindak Pidana Pembunuhan Tidak Sengaja Perspektif Hukum Pidana Islam (Analisis Terhadap Konsep Restorative Justice) Rambe, Ahmad Razaki; Marpaung, Zaid Alfauza
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.487

Abstract

This research examines the crime of involuntary manslaughter in the perspective of Islamic criminal law and analyzes it through the concept of restorative justice. In Islamic criminal law, involuntary manslaughter is categorized as murder that occurs without prior intention and plan, where the perpetrator remains responsible even without intent. This analysis uses a normative approach with a descriptive-analytical method, focusing on verses from the Quran, Criminal Code, Prosecutor's Regulations, Police Regulations, hadith, as well as classical and contemporary Islamic legal literature. Restorative justice, as an alternative to the conventional justice system, emphasizes the restoration of relationships between perpetrators and victims, as well as conflict resolution through mediation and reconciliation. In the context of Islamic criminal law, this concept is in line with sharia principles that prioritize peace, restorative justice, and forgiveness. Diyah (fine) and kafarat (atonement) are the main mechanisms in the implementation of restorative justice in accidental murder cases, which aim to compensate the victim's family and restore social balance. This study found that the application of restorative justice in accidental murder cases according to Islamic criminal law is able to provide justice that is more holistic and humanist than the retributive approach. Through a settlement that involves the victim's family and the community, it is hoped that social relations damaged by the criminal offense will be restored.
Perampasan Aset Hasil Dari Kejahatan Money Laundering (Tinjauan Hukum Pidana Islam) Al Qodri, Dhuha; Lubis, Syaddan Dintara
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.491

Abstract

This research examines the issues that hinder the process of money laundering and the seizure of assets resulting from money laundering in Indonesia. This study examines the issues that hinder the process of money laundering and the confiscation of assets resulting from money laundering crimes in Indonesia and the problems that arise when assets resulting from money laundering crimes are not easy to recover. This research uses normative legal research methods with literature data collection. The results showed that both Indonesian positive law and Islamic criminal law have provided legality to efforts to eradicate money laundering crimes. Asset forfeiture arrangements are outlined in Law No. 8/2010 on the Prevention and Eradication of Money Laundering Crimes under Indonesian positive law. A new law is needed to prevent and eradicate the crime of money laundering as the current laws have not been successful in stopping economic crime in Indonesia. Conversely, as the act is motivated by an attempt to legitimize the proceeds of crime, the forfeiture of assets arising from money laundering can be categorized as jarimah ta'zir in Islamic criminal law. In short, a thorough understanding of these two legal systems can enhance the effectiveness of initiatives aimed at combating money laundering.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT PRODUK KECANTIKAN YANG MEMPUNYAI EFEK SAMPING TERHADAP KULIT Maharani, Raden Bella Bintang; Rahmatiar, Yuniar; Abas, Muhamad
JURNAL LEGISIA Vol 16 No 2 (2024): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/legisia.v16i2.492

Abstract

In this era, beauty products are important for building self-confidence for women and men. Beauty products must also contain ingredients that are safe for the skin so that the skin looks healthy. However, in reality, some beauty products contain dangerous ingredients that can cause side effects on the skin. These ingredients contain hydroquinone, mercury, paraben, formaldehyde, phthalates, and triclosan. If used for a long time, it can cause skin problems such as itchy skin, excessive acne, blisters on the skin, blackened areas of the skin (ochronosis), and pose various risks to body health. Meanwhile, it has been explained in RI POM Regulation No. 23 of 2019 regarding raw materials that may be used in beauty products, of course, they must contain safe, quality, and beneficial ingredients. This research discusses legal protection for consumers due to products that cause side effects on the skin. What is the legal protection for consumers who cause side effects on the skin? Consumers must be given special protection for the content information listed on beauty products or packaging. Resolving consumer protection regarding the consequences of beauty products containing side effects on the skin can be done through legal action. Resolving consumer protection regarding the consequences of beauty products containing side effects on the skin can be done through legal action. This legal effort can be made to make claim for compensation or report it tothe athorities or police.

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