Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia. Scope Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah sebagai berikut (Namun tidak terbatas asalkan masih dalam ruang lingkup ilmu hukum dan hak asasi manusia): - Hukum Tata Negara - Hukum Pidana - Hukum Perdata - Hukum Internasional - Hukum Islam - Sengketa Hukum - Masalah Hukum yang berkaitan dengan Hak Asasi Manusia
Articles
56 Documents
<![CDATA[Penerapan Sertifikat Laik Fungsi Bangunan Gedung di Kecamatan Pangkalan Kerinci, Kabupaten Pelalawan ]]>
<![CDATA[Yalid Yalid]]>;
<![CDATA[Birman Simamora]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i1.1336
<![CDATA[Purpose: This study to explain the implementation of the liability of the application of the liability of the certificate of fitness for the functions of buildings based on Law No. 28 of 2002 on buildings in Pangkalan Kerincsi District, Pelalawan regency. Method: This study is a sociological legal research with empirical approach. Result: The application of the certificate of eligibility for building functions based on Law No.28 of 2002 on building in Pangkalan Kerinci District Pelalawan regency did not run effectively due to: first, the implementation resources in other words lack of experts. Secondly, the facilities that support its enforcement do not yet exist. Third, the lack of public awareness. Constraints on the implementation of the certificate of eligibility for building functions based on Law No. 28 year 2002 about buildings in the District of Pangkalan Kerinci Pelalawan author caused because: first, because of the lack of seriousness of the government. Second, the implementation resources have not been adequate in other words the shortage of experts. Third, the enforcement facility does not yet exist. Fourth, public awareness is still not maximized. Fifth, the public does not understand and understand the importance of building function certificate. Limitations: This study only occurred in the Pelalawan regency of Riau province. Contribution: This research is expected to be useful for the Pelalawan Government, especially related agencies and all people who need knowledge or information about the application of building function certificates.]]>
<![CDATA[Penerapan Azas Itikad Baik dalam Transaksi Jual Beli Online demi Mewujudkan Kepastian Hukum ]]>
<![CDATA[Dollar Dollar]]>;
<![CDATA[Khairul Riza]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 1 No. 2 (2022): Januari ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v1i2.1339
<![CDATA[Purpose: To determine the legal regulation of the principle of good faith in the implementation of online buying and selling transaction agreements, and to find out the application of the principle of good faith in online buying and selling transactions in order to realize legal certainty. Method: used is normative juridical research through literature study with an approach to legislation and books. Result: The research is that the legal regulation of the principle of good faith in the implementation of online buying and selling transactions is regulated in Article 530 of the Civil Code which states that good faith in a subjective sense is an inner attitude or a state of mind, good faith in a subjective sense is called honesty. In addition, it is regulated in Article 1338 of the Civil Code paragraph (3) which states that an agreement must be carried out in good faith, good faith in an objective sense is called propriety. The application of the principle of good faith in online buying and selling transactions through the marketplace to provide legal certainty to the public, especially consumers, is the same as the application of the principle of good faith in buying and selling agreements in ordinary interactions. It's just that the application of sanctions or the implementation of a lawsuit against the party who is in default in the agreement is difficult to implement because the parties do not know each other's identity or whereabouts. Therefore, the success of implementing an online sale and purchase agreement can only be achieved in good faith from the parties.]]>
<![CDATA[Legal Aspects in Al Murabahah Financing Contract in Sharia Banking: Study at PT. Bank Syariah Indonesia Tbk Kedaton Branch, Bandar Lampung ]]>
<![CDATA[Dwi Rimadona]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari ]]>
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DOI: 10.35912/jihham.v2i2.1397
<![CDATA[Purpose: This study aims to obtain a complete, clear, detailed, and systematic description of the legal aspects of a murabahah contract Methodology: The research used is normative-empirical legal research by examining all sources of legislation and direct descriptions in the field, with a conceptual approach. Results: Murabahah contract is a sale and purchase contract of an item where the seller mentions the selling price and profit level, where the selling price is approved by the buyer. The characteristic is that the seller must tell the price of the product and determine a level of profit. The legal aspects in the murabahah contract include legal subjects, legal objects, legal events, and legal relationships.]]>
<![CDATA[Analisis Yuridis Tanggung Jawab Pelaku Usaha Terhadap Konsumen Akibat Keterlambatan Penerbangan ]]>
<![CDATA[Dedy Fahrizal]]>;
<![CDATA[Darwis Anatami]]>;
<![CDATA[Siti Nurkhotijah]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli ]]>
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DOI: 10.35912/jihham.v2i1.1546
<![CDATA[Law Number 1 of 2009 concerning Aviation and Regulation of the Minister of Transportation Number 89 of 2015 concerning Handling of Flight Delays (Delay Management) in Scheduled Commercial Air Transport Business Entities in Indonesia which specifically regulates flight delays. However, sometimes flight officers sometimes do not provide compensation or compensation for the delay (delay) to passengers in accordance with applicable rules as a form of legal protection. Purpose: The purpose of writing this journal is to find out the legal arrangements for the responsibility of business actors to consumers due to flight delays, implementation, obstacle factors and efforts to implement business actors' responsibilities to consumers due to flight delays. Methodology: The research that is used in writing this thesis is normative juridical research. Results: The results of the study show that the legal arrangements for the responsibility of business actors to consumers due to flight delays are regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 1 of 2009 concerning Aviation along with the Regulation of the Minister of Transportation Number 89 of 2015 concerning Handling of Flight Delays. (Delay Management) in Scheduled Commercial Air Transport Business Entities in Indonesia. The implementation of the responsibility of business actors to consumers due to flight delays does not run optimally, where there are still some weaknesses in the elements of the legal structure, legal substance and legal culture, the constraint factors faced are the legal structure factors related to the non-optimal performance of institutions authorized to fulfill aviation consumer rights, legal substance factors that do not stipulate strict sanctions for aviation business entities that do not pay compensation due to delays, and legal cultural factors the consumer's own level of legal awareness is low on the rights that can be obtained in the event of flight delays. . Efforts to overcome these obstacles are legal remedies by optimizing the performance of related institutions, legal remedies that can be taken by airplane passengers, and legal efforts for airplane passengers through the Non-Governmental Consumer Protection Agency (LPKSM).]]>
<![CDATA[Sidang Itsbat bagi Pasangan Nikah Siri Ditinjau dalam Perspektif Hukum Islam ]]>
<![CDATA[Irpan Husein Lubis]]>;
<![CDATA[Khairul Riza]]>;
<![CDATA[Nicha Suwalla]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i2.1575
<![CDATA[Purpose: The purpose of writing this journal is to find out the implementation of itsbat trial determination for unregistered marriage couples in terms of Islamic law, and to know the judge's considerations in determining itsbat trial for unregistered marriage couples. Methodology: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Results: The results of the study show that the implementation of the determination of itsbat trial for unregistered marriage couples is reviewed in Islamic law, namely starting with the submission of an application for itsbat marriage by the applicant by completing certain requirements, and continuing with the implementation of itsbat trial to obtain a determination of itsbat trial. In its implementation there are requests that fall, are rejected and granted. The judge's considerations in determining itsbat for unregistered marriage partners are the need for the applicant's presence so that the marriage certificate is not aborted and shows evidence that the marriage has taken place legally in accordance with Islamic law in court.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Narkotika dalam Proses Peradilan ]]>
<![CDATA[Nicha Suwalla]]>;
<![CDATA[Khairul Riza]]>;
<![CDATA[Irpan Husein Lubis]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i1.1577
<![CDATA[Purpose: The purpose of writing this journal is to find out the diversion arrangements at the level of investigation of children who commit narcotic crimes, and find out the rights violated in investigations and efforts to protect the law against children who commit narcotic crimes. Methodology: The method used is a normative approach, namely through the study of legislation and literature, and the empirical approach is through field research by conducting a series of interviews with respondents and informants to obtain field data. Results: The results of the study show that the regulation of diversion at the level of investigation of children who commit narcotics crimes means that there is absolute authority from investigators to carry out diversion efforts against children who commit narcotic crimes, but of all the cases handled so far none of the diversion attempts have been successful. applied. The rights that are violated in the investigation of children who commit narcotics crimes are that the investigator does not prioritize the principle of the best interests of the child, the investigator does not provide legal assistance and other assistance, the investigator does not ask for expert opinion in carrying out the investigation, and does not notify the right to obtain legal assistance. Efforts to protect the law against children who commit criminal acts of narcotics abuse in investigations, namely asking parents and Community Advisors to accompany children during the investigation process, provide guidance to children while undergoing a period of detention at the investigative level, and complete the investigation process within a time limit of 7 (seven) days with an extension of 8 (eight) days.]]>
<![CDATA[Analisis Yuridis Proses Penyelesaian Tindak Pidana Terhadap Pelaku Penipuan Melalui Pembayaran Elektronik Untuk Mewujudkan Perlindungan Hukum ]]>
<![CDATA[Muhammad Noval]]>;
<![CDATA[Ramon Nofrial]]>;
<![CDATA[Siti Nurkhotijah]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i1.1579
<![CDATA[Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 states that any person who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions shall be punished with imprisonment and/or or fines. The fraud that occurred at One Mall Batam carried out through fake or fictitious electronic transactions cost the victim a total of 30 million rupiah. Purpose: The purpose of this study is to determine the regulation of criminal law against perpetrators of fraud through electronic payments in order to realize legal protection. And to find out the implementation, constraint factors and solutions in preventing and overcoming the rise of fraud in electronic payments. This research method is empirical juridical. Methodology: This research consists of literature study and is also supported by field studies through interviews with respondents. Results: The results of the study indicate that the regulation of criminal law against criminals through electronic payments in realizing legal protection, namely Article 378 of the Criminal Code which regulates special crimes, is also specifically regulated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates criminal acts of fraud committed through electronic transactions and is subject to a maximum criminal penalty of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 ,00 (one billion rupiah). Implementation in preventing and overcoming the rise of fraud in electronic payments is carried out by optimally criminalizing the perpetrators of crimes committed through electronic transactions. Limitations: The constraint factor faced is that there are many types of electronic transactions that cannot be reported directly, making it easier to ensure the results of daily reports. Contribution: The solution is that the victim must be more careful in accepting every payment through an electronic transaction, the victim must have the equipment to verify the proof of the electronic payment. It is recommended for law enforcement officers to optimize the performance of law enforcement for electronic transactions and dismantle tricks or methods applied by perpetrators to prevent other victims, victims to be more careful and thorough in accepting electronic transactions and must ensure first in advance of any payments made.]]>
<![CDATA[Kepastian Hukum Terhadap Putusan Peradilan Adat Aceh dalam Penyelesaian Tindak Pidana Pencurian ]]>
<![CDATA[Khairul Riza]]>;
<![CDATA[Irpan Husein Lubis]]>;
<![CDATA[Nicha Suwalla]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i1.1580
<![CDATA[Purpose: The purpose of writing this journal is to find out the authority of the customary court in resolving criminal acts of theft, to find out the factors that cause the keuchik's decision to have no legal certainty, and to find out the obstacles and efforts to resolve crimes that were resolved by the keuchik through customary justice. Methodology: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Results: The results of the study show that, the authority of customary justice in resolving criminal acts of theft is in accordance with what is stipulated in Qanun Number 9 of 2008 against light-scale theft crimes involving the residents of the gampong concerned, but sometimes also against heavier scale theft crimes. Limitations: Obstacles to the settlement of criminal acts resolved by the keuchik through customary justice, namely the difficulty of uniting good opinions between conflicting parties, obstacles to the bureaucratization of customary courts that depend on the government, lack of socialization of customary justice by the government to the community, and lack of coordination with other law enforcement agencies in conventional justice system. Contribution: The efforts made to overcome these obstacles are increasing the socialization of customary justice, strengthening the capacity of traditional justice personnel and institutions, building cooperation between institutions and the commitment and seriousness of the Regional Government in supporting the implementation of customary justice.]]>
<![CDATA[Paradigma Baru Ekonomi Keluarga dalam Pembangunan Hukum Ekonomi untuk Mewujudkan Ketahanan Nasional ]]>
<![CDATA[Buswin Wiryawan]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i2.1671
<![CDATA[Purpose: To find out the role of the government in providing wider space to regulate the economy in order to achieve people's welfare, where the people are the goal of national economic development. Method: This study was compiled using a normative juridical approach, in which the author conducted research by examining legal principles and theories, along with the provisions in statutory regulations and legal literature. Result: The concept of the family economy is in line with the provisions of Chapter XIV concerning the National Economy and Social Welfare Article 33 of the 1945 Constitution. Based on these provisions, it can be said that Indonesia does not adhere to a capitalist economic system or a planned economic system or an Islamic economic system but tries to accommodate various economic systems with an emphasis on in a planned economic system. Contribution: This context is expected to be able to face and overcome all threats, challenges, obstacles, and disturbances to the continuity of the national economy.]]>
<![CDATA[Analisis Yuridis Penerapan Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak pada Tingkat Penyidikan Demi Mewujudkan Perlindungan Anak ]]>
<![CDATA[Gita Damaiyanti]]>;
<![CDATA[Ramon Nofrial]]>;
<![CDATA[Erniyanti Erniyanti]]>
<![CDATA[ Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari ]]>
Publisher : <![CDATA[Jurnal Ilmiah Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.35912/jihham.v2i2.1674
<![CDATA[Purpose: This study is to find out the legal arrangements for diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police, to find out the implementation of diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police and to Know the Constraints / Barriers and Solutions to diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police. Method: This research is normative legal research, supported by sociological/empirical research, using secondary data sources from library research to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through official texts. Result: The formal criminal justice system which ultimately places children in prison status certainly brings considerable consequences in terms of child growth and development. The punishment process given to children in prisons does not succeed in making children deterrent and become better individuals to support their growth and development process, prisons often make children more skilled in committing crimes.]]>
