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Jurnal Smart Hukum (JSH)

jsh
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Published by PT Inovasi Pratama Internasional

ISSN : - EISSN : 2961841X DOI : https://doi.org/10.55299/jsh

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 11 Documents

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Search results for , issue "Vol. 1 No. 2 (2023): October-January" : 11 Documents clear

Implementasi UU Perlindungan Anak UU No 35 Tahun 2014 Terhadap Perkawinan di Bawah Umur dalam Masyarakat Budaya Melayu Mhd Tondi Irawan; Adwiyah nasution; Herlina Hanum
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

This research is entitled Implementation of Child Protection Law No. 35 of 2014 Against Underage Marriage in Malay Cultural Society. This research takes the formulation of the problem: Has Law No. 35 of 2014 been implemented on the Marriage of Minors in Malay Indigenous Peoples? What are the obstacles to the implementation of Law No. 35 of 2014 on the Marriage of Minors in Malay Indigenous Peoples? What is the effect of underage marriage according to Malay custom? This type of research is a combination of normative (doctrinal) research and empirical research. This research was conducted in Tanah Merah District, South Binjai, Grand Marcapada Indah Complex Block F3 Kotamadaya Bijai. The approach method in this paper is using the normative juridical method because the target of this research is laws and rules. Based on the research found cases of child marriage according to Law No. 35 of 2014 by using Malay cultural customs. Name: Susilawati Saleh Age: 16 years old (married) Religion: Islam Tribe: Malay Address: Jalan Gunung Sinabung Housing Grand Marcapada Indah Block F3 Tanah Merah District, South Binjai. And 2nd Finding. Name : Khoirunasah Married Age : 15 Years Married Year : 2015 Father's Name : Harun , Mother's Name ; Nani. Marriage Address: Bulu Cina, Hamparan Perak District. From the results of the study, it was concluded that Law N0 35 of 2014 had been implemented against the marriage of minors in the Malay indigenous community. External Factors.

Perlindungan Hukum terhadap Perempunan sebagai Korban Tindak Pidana Perdagangan Manusisa (Tracfficking) ( Studi Kasus Pengadilan Negeri Medan Putusan No 1451 /PID . SUS /2021 PN Medan) Khairul Nas; Mhd Ridawan Lubis
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Formulation of the problem 1. What is the form of legal protection for women as victims of trafficking in persons 2. What are the legal actions against the perpetrators of the crime of trafficking in persons. 3 What solutions are taken by legal protection officials in overcoming obstacles to providing protection for women. The purpose of the research 1. To find out the form of legal protection for women as victims of trafficking in persons.2. To find out legal actions against perpetrators of criminal acts of trafficking in persons. To find out what solutions are taken by legal protection officials in overcoming obstacles to providing women's protection. Research Methods The author uses a normative juridical method because the target of this research is law and norms. The definition of rules includes, legal principles, rules in the narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truths through deductive ways of thinking. The deductive way of thinking means that the research will depart from a specific idea. Research Results Legal protection for victims of the crime of trafficking in persons can not only be realized in the form of punishment of the perpetrators, but also in the form of fulfilling rights, including the right to obtain confidentiality of identity, the right to to obtain restitution or compensation, as well as the right to obtain .1. Declare that the Defendant HANITA SARI NASUTION ALS NONA has been legally and convincingly proven guilty of committing the crime of “Trafficking in Persons”; 2. Sentenced punishment on the Defendant therefore with imprisonment for 4 (four) years and a fine of Rp. 120,000,000.00 (one hundred and twenty million rupiahs) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.. The government's efforts or solutions to overcome human trafficking are as follows. The government strengthened security at the border. The government is strengthening laws and enforcement on human trafficking. The government cooperates with other countries, especially in the investigation and prosecution of perpetrators of human trafficking.

Dasar Pertimbangan Hakim Menjatuhkan Pemidanaan kepada Pelaku yang Melakukan Penampungan untuk Eksploitasi Orang di Wilayah Negara Republik Indonesia Dahris Siregar; Yaniman Gulo; Yurmanius Laia; Ariston Halawa; Niamulago Laia; Yohanes Herman Buulolo; Hiraukan Zebua; Korintus Laia; Senius Zega; Angoligo Laia
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Exploitation is an act with or without the consent of the victim which includes but is not limited to prostitution, forced labor or services, slavery or practices similar to slavery, oppression, extortion, use of physical, sexual, reproductive organs, or unlawfully transferring body or tissue or utilizing power or ability of a person by another party to gain material or immaterial benefits. The criminal act of trafficking in persons is any action or series that fulfills the elements of a criminal act as stipulated in Law No. 21 of 2007 concerning the eradication of the crime of trafficking in persons. Human trafficking (trafficking) has long occurred on this earth and is an act that is contrary to human dignity. This is a violation of human rights, rights and human dignity which are protected under Pancasila and the 1945 Constitution. In the past, trafficking in persons was only seen as forcible transfer abroad for the purpose of prostitution, illegal forced labor that lasted for a long time. TPTPPO can be committed by individuals, groups, corporations and sometimes by family (parents/siblings), relatives, friends or neighbors of the victim. Victims of TIP are generally women and children, this is possible because they are very vulnerable and considered weak (physical and psychological) so that traffickers are very easy to deceive. Victims often receive cruel treatment, suffering, not even a few who experience violence and threats of violence. They are trapped in a network of powerlessness or by trapping, deceiving, persuading, with the lure and promises of success stories, economic benefits, or providing loans which in the end is debt bondage.

Analisis Yuridis Pencabutan Hak-Hak Politik Pelaku Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung RI Nomor 113 K/PID.SUS/2020) Brimen Begni Gudmen Sihotang
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Eradicating the crime of corruption must apply strict sanctions in order to provide a deterrent effect for corruptors, as well as being expected to reduce anyone from committing corruption. One of the latest breakthroughs is to apply additional criminal sanctions for revocation of certain rights. The formulation of the problem in this thesis is how the legal arrangements for the revocation of political rights against perpetrators of criminal acts of corruption, how criminal responsibility for perpetrators of criminal acts of corruption, how the legal considerations of judges on the revocation of political rights against perpetrators of criminal acts of corruption. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The legal regulation on the revocation of political rights in the form of the right to be elected in public office is the implementation of the application of criminal sanctions that are extraordinary enforcement as regulated in Article 17 of the Law of the Republic of Indonesia Number 31 of 1999 in conjunction with the Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication Corruption crimes may be subject to additional penalties as referred to in Article 18 paragraph (1) letter d and Article 10 letter b number 1 of the Criminal Code concerning additional penalties. The results of the study indicate that the judge's legal considerations for the revocation of political rights against perpetrators of criminal acts of corruption are criminal acts committed cannot be a good example. At the end of its decision, the Panel of Judges imposed an additional penalty on the Defendant in the form of revocation of the right to be elected in public office for 3 (three) years after the Defendant had finished serving his main sentence.

Analisis Hukum Pidana dalam Penanganan Tindak Pidana Malapraktik Kedokteran (Studi Kasus Putusan Mahkamah Agung Nomor: 871 K/Pid/2018) Dwi Arys Purwoko
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Data from the Indonesian Medical Discipline Honorary Council (MKDKI) shows that cases of malpractice by obstetricians are quite high. For example, a malpractice case that reached the Supreme Court was a team of doctors consisting of dr. Come on, Dr. Hendi Siagian, and dr. Henry Simanjuntak at Dr.Kandau Manado Hospital against the victim, Julia Fransiska Makatey. Another case, malpractice by dr.Heryani Parewasi, Sp.OG. at Anutapura Hospital in Palu against the victim, Nur Indah Restuwati. The two cases of malpractice resulted in a decision by the Supreme Court Judge No. 871K/Pid/2018. The research method in writing this thesis uses normative legal research supported by empirical legal research. Normative legal research is library research to collect data from reference reading materials and laws and regulations, while empirical research is field research, namely the Supreme Court decision No. 871K/Pid/2018. Field research is needed to collect data directly on the objects and subjects referred to in this research. Forms of criminal acts committed by doctors in carrying out their profession are divided into three categories, namely (1) deliberate criminal malpractice; (2) Criminal malpractice that is reckless; and Criminal Malpractice that is negligent. The basis for consideration of the Supreme Court Judges in deciding case No. 871K/Pid/2018, the basic consideration is that the Defendant did not convey to the victim's family about the possibilities that could happen to the victim and sentenced him to 10 months in prison. Mechanism for resolving medical malpractice cases A civil or criminal lawsuit, in this case a dispute between doctors and hospitals dealing with patients and their families or their proxies, can be resolved in two ways, namely litigation (through the judicial process) and non-litigation (outside the judicial process). Justice). It is better if Law Number 29 of 2004 concerning Medical Practice is formulated regarding medical malpractice along with explanations so that the general public, doctors and the world of health can understand and know the criteria for criminal acts of medical malpractice.

TINDAK PIDANA PENGGELAPAN AKIBAT WANPRESTASI TIDAK MELAKUAN PEMBAYARAN KEPADA PERUSAHAAN PT. AGUNG BUMI LESTARI (Studi Putusan Pengadilan Negeri Tebing Tinggi No. 74/Pid.B/2019/PN.Tbt tertanggal 28 Mei 2019) Oloan Sirait
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

In an agreement, there is a default. Sometimes defaults lead to criminal acts as stated in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt where the defendant is a customer of PT. Agung Budi Lestari after maturity did not hand over the amount of money from the sale of goods belonging to PT. Budi Agung Lestari, therefore the defendant was reported on charges of embezzlement. This study uses a normative juridical method because it examines the laws and regulations that are doctrinal in nature with a case approach and a conceptual approach which are then analyzed descriptively qualitatively. The results of the research on the legal regulation of the criminal act of embezzlement due to default where embezzlement is a crime regulated in Article 372 of the Criminal Code. The occurrence of no crime in default in the Tebing Tinggi District Court Decision No. 74/Pid.B/2019/PN.Tbt is due to an agreement relationship between the defendant and PT. Agung Budi Lestari but in practice the defendant did not fulfill what was agreed upon, namely to deposit a sum of money from the goods belonging to PT. Agung Budi Lestari who is under the control of the defendant. The application of default and criminal acts of embezzlement in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt wherein the decision stated that the defendant was guilty of violating the criminal provisions of Article 372 of the Criminal Code of embezzlement and sentenced to imprisonment for 2 (two) months. The application of the law to this case is wrong in imposing a verdict of guilty of committing a criminal act of embezzlement where the convict should be sentenced to acquittal as there has been jurisprudence on the same case in which the judge released the Defendant from all lawsuits in which there was a reason for the abolition of the crime so that it must be resolved. through civil court, not criminal.

Kewenangan dan Mekanisme Penyelesaian Sengketa Perbankan dalam Rangka Perlindungan Nasabah Perbankan Setelah Dibentuknya Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan Imam Asfali
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

The absence of balanced protection puts customers in a weak position. This aspect of customer protection can also be seen in the national banking business. There are two dominant problems that are often complained of by customers of banking services. First, complaints about banking products such as ATMs (Automatic Teller Machines), credit cards, and various types of savings accounts. Also included in complaints about banking products are promises of prizes and advertisements for banking products. Second, complaints about the unsympathetic and unprofessional work of officers, especially service point officers such as tellers, customer service, and security guards. From these problems it can be seen that the aspect of customer protection is a very important aspect to pay attention to and not to be violated. This type of research is normative juridical, namely by examining library materials and secondary materials. Data sources in this study are secondary data. The data collection technique used in this research is through library research techniques. Banking dispute resolution mechanisms in the context of protecting banking customers, namely Dispute Resolution through OJK in implementing dispute resolution facilities, OJK appoints facilitators who are OJK officers in the field of Consumer Education and Protection, OJK Consumer Services Directorate. OJK's authorities in the context of consumer protection, especially banking customer protection, are as follows: (a) To provide information and education to the public on the characteristics of the financial services sector, its services and products; (b) Asking financial service institutions to stop their activities if these activities have the potential to harm society; and (c) Other actions deemed necessary in accordance with the provisions of laws and regulations in the financial services sector. The impact of the enactment of Law Number 21 concerning the Financial Services Authority on banking customers is that the Financial Services Authority is able to carry out the banking supervisory function. Moreover, this has been mandated in Law Number 21 of 2011.

Implementasi Penerapan Pidana Bersyarat dalam Kitab Undang-Undang Hukum Pidana (KUHP) Herlin Hastuti
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Conditional punishments regulated in the Criminal Code do not provide protection to perpetrators of criminal acts because they are not a type of crime but a way of carrying out a crime. Therefore, the Draft Criminal Code regulates criminal supervision as a new type of criminal sanction in the main crime. Supervision punishment is a substitute for conditional punishment and an alternative to imprisonment. This article examines the implementation of conditional criminal and criminal supervision arrangements in the Criminal Code Bill by looking at the implementation of criminal supervision in several countries, so that restorative justice can be realized. The criminal supervision arrangement in the Criminal Code Bill resembles the probation system in the UK, but emphasizes recovering losses incurred from criminal acts. As for the problems in writing this thesis, namely 1. How is the regulation of conditional criminal penalties in the Indonesian legislation, 2. How is the implementation of conditional crimes in Indonesia and How is the conditional criminal arrangement in the draft of the new Criminal Code. The research method can be interpreted as an important means to find, develop and test the truth of a knowledge. Therefore, before conducting research, the author first determines the method that will be used by the author. Methods or methodologies are elements that absolutely must exist in scientific research and development. Legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. If a conditional sentence has been imposed, the supervisory officers, especially the Prosecutor, should have frequent communication with the Supervisory Judge and the Observer Judge to monitor the condition and progress of the convict. In addition, the judge also saw the events behind the criminal act as a whole as well as the attitudes and actions of the defendant in his daily life in society. It is necessary to develop and explain the science of law in the community, in order to create a society that is aware of the law.

Proses Perlindungan Hukum terhadap Korban Kekerasan dalam Rumah Tangga Berdasarkan Undang – Undang N0 23 Tahun 2004 Muhammad Fauzitri Hanggara; Tri Reni Novita
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Birth of Law No. 23 of 2004 concerning the Elimination of Domestic Violence brings a bright spot for women who are vulnerable to becoming victims of acts of Domestic Violence. The problem of Domestic Violence (KDRT) is no longer a private problem but a public problem. The absence of laws protecting victims of violence can no longer be used as an excuse for the high number of cases of violence against women. Even the birth of this law regulates specifically the cooperation of several parties to provide legal protection/victims. Protection of victims also means protection of human rights. Domestic Violence is also an act that violates Human Rights. Victims of Domestic Violence need protection and assistance. Apart from the state, one of the parties that can provide protection for victims of domestic violence is a social institution whose struggle is specifically for women. In the Government's efforts to provide legal protection and the role of social institutions in providing legal protection, the factors that play a role in providing legal protection are the main issues discussed in this thesis. Domestic Violence is an act that can traumatize the victim as well as physical violence. Therefore in Law no. 23 of 2004 is expected to be a tool that can stop the culture of violence that exists in society. Women as the first and foremost educators in a family, for this reason, are expected to be able to develop values of compassion, equality and equality, caring for one another. The conclusion of this study is that there have been too many incidents of Domestic Violence, for this reason Law No. 23 of 2004 concerning Domestic Violence was made. In the contents of Article 4 Paragraph (1) of the Law on the Elimination of Domestic Violence Any person who commits acts of physical violence in the household as referred to in Article 5 letter a shall be subject to imprisonment for five years or a fine of up to Rp. 15,000,000

Tinjauan Yuridis terhadap Pengaruh Penerapan Hak Tanggungan terhadap Lembaga Jaminan Hak Atas Tanah Nur Asmidah Nasution; Dikko Ammar
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

The implementation mechanism for granting Mortgage Rights Electronically for Creditors and PPATs always begins with the making of the Deed of Granting Mortgage Rights (APHT) before the PPAT between the Mortgage Giver (usually Debtors) and Creditors (usually Banks). The APHT has met the qualifications as an Authentic Deed both in terms of Procedure, Substance and Authority of the PPAT who made it official. The APHT is then registered by the PPAT at the local Land Office electronically no later than 7 days after the APHT is inaugurated which forms the basis for the issuance of an Electronic Mortgage Certificate by the Land Office. The Mortgage Certificate is requested and printed by the Creditor Recipient of the Mortgage by paying the predetermined PNBP. The HT certificate can be printed by the creditor after 7 days since the APHT was registered by the PPAT. The resolution of problems and obstacles faced by Users of Electronic Mortgage Rights, especially PPATs and Creditors refers to the Technical Instructions made by the Ministry of ATR/KBPN, April 29 2020 because basically these problems and obstacles are mostly related to the IT system and the Electronic HT Service server. Users (PPAT and Creditors) must always confirm these IT problems to the Electronic HT service provider, namely the local Land Office, so that Users of Electronic Mortgage Services, in this case PPAT and Creditors must be skilled and adequate in using all the tools needed to complete the granting of Mortgage Rights until the issuance of the Electronic Mortgage Certificate.

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Bincar Nasution

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Cempaka Street, Number 25, Ujung Padang Village, Padang Sidempuan Selatan District, Padang Sidempuan City, North Sumatra Province, Indonesia, 22725 e-Mail: jsh.jurnal@gmail.com

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Bincar Nasution

Contact Email info@ipinternasional.com

Phone +6285360415005

Journal Mail Official jsh.jurnal@gmail.com

Editorial Address Cempaka Street, Number 25, Ujung Padang Village, Padang Sidempuan Selatan District, Padang Sidempuan City, North Sumatra Province, Indonesia, 22725 e-Mail: jsh.jurnal@gmail.com

Location Kota padangsidimpuan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Bincar Nasution

Contact Email
info@ipinternasional.com

Phone
+6285360415005

Journal Mail Official
jsh.jurnal@gmail.com

Editorial Address
Cempaka Street, Number 25, Ujung Padang Village, Padang Sidempuan Selatan District, Padang Sidempuan City, North Sumatra Province, Indonesia, 22725 e-Mail: jsh.jurnal@gmail.com

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA