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Jurnal Smart Hukum (JSH)
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 6 Documents
 1 
Search results for , issue "Vol. 1 No. 3 (2023): February-May" : 6 Documents clear
The Application of Concept Restoration of Justice in the Perspective of Local Wisdom in the Samin Tribe Sutiono; Anshori; Shofiyul Umam; Jibril
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.371

Abstract

This research examines the application of the concept of restoration of justice in the perspective of local wisdom in the Samin tribe. Restorative Justice is basically a method in handling cases to uphold the values ​​of justice in a legal event by carrying out legal remedies. In maintaining justice, other community groups, especially the Samin people, also have their own perspective. The Samin tribe has the wisdom to behave well to maintain social order in the life of its people. independent in dealing with the process of life. The writing method used is the Juridical Empirical writing method. The formulation of the problem in this study is: How is the concept of restorative justice used by law enforcement in Indonesia. Is restorative justice also a local wisdom practice in the Samin community. Then the restoration of justice in its application has been carried out by law enforcers, especially in mild cases, then basically the Samin people with their local wisdom are very relevant to the concept of restoration of justice.
Independency of Investigators in Conducting Investigations in Cases of the Crime of Premeditated Murder Pasal 340 KUHP Juel Salem Gea Jimi; Dahris Siregar; Anugerah Gea Berkat; Kasih Gulo; Alif Muhammad Ofar Sembiring San; Putra Harapan Gulo Windri Gea; Jetisman Hulu Agus; Ria Mendrofa
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.385

Abstract

Investigation is the first step in disclosing a criminal case before entering the investigation stage. The importance of investigations carried out by investigators is to obtain detailed information on the field or crime scene both in the form of statements from eyewitnesses and the results of investigators' investigations. In carrying out an investigation, it is hoped that the independence of the police as investigators, especially if the crimes that occur are complex in nature, such as the crime of premeditated murder. However, in carrying out investigations, investigators often experience various obstacles and intervention from outsiders who feel they have an interest in the case being investigated is no exception, so it takes quite a long time. In this study the authors used a normative juridical research method, namely an approach method based on a study of existing laws and applicable laws and regulations. This study aims to determine the importance of the independence of the police as investigators and the legal basis governing independence itself, in order to create a sense of justice in disclosing a case of premeditated murder starting from the earliest stages.
Conditional Release of Privates According to Law Number 22 of 2022 Concerning Correction Fitrah Mulya Al Faris; Dahris Siregar; Muhammad Farhan Septian; Lucky Billy Boy; Muhammad Akbar Wibowo; Andrean Harahap; Adinda Dwi Cahya; Silvi Aulia Putri; Zarahtul Janna
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.386

Abstract

This article discusses the terms and procedures for parole of convicts according to law number 22 of 2022 concerning correctional facilities. Analysis was carried out on regulations related to parole including Regulations of the Minister of Law and Human Rights and laws related to parole. This research was conducted based on qualitative methods using literature studies sourced from laws and regulations, books and scientific journal articles. This article concludes that conditional release of convicts complies with applicable operational standards.
Law Enforcement of Human Rights (HAM) in Indonesia Dahris Siregar; Grassela E Br Ginting; Hadirin Nduru; Sri Wenti Buulolo; Firman Yanus Hulu; Agustus Nduru; Indrawan Jaya Zalukhu; Sonitehe Halawa; Water Ade Putra; Jeremia G Aritonang
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.387

Abstract

The article discusses law enforcement regarding human rights in Indonesia which is based on law number 39 of 1999. The author chose this title because until now law enforcement, especially related to human rights in Indonesia, is still not optimal, mainly because until now Indonesia is still in a transition zone which is still colored by legal uncertainty. The main issues in this article are: how is the application of law to human rights violations, which institution tries human rights violators, what means of settlement are used in cases of human rights violations in Indonesia, and what are the principles of Islamic law regarding human rights. In conclusion, human rights (HAM) are the basic rights possessed by humans in accordance with their work. Where every individual has his desire so that his Human Rights can be fulfilled. The human rights (HAM) of each individual are limited by the human rights of others. In Islam , Islam first pays attention to human rights (HAM). The emergence of violations of Human Rights (HAM) values, is motivated by an egoism which is concerned with personal or national interests, resulting in underestimating the values of Human Rights or other nations, resulting in a form of oppression or slavery in another form. In a state, human rights (HAM) are regulated and protected by the laws of the Republic of Indonesia, in which every form of violation of human rights (HAM) whether committed by a person, group, or tried in the implementation of human rights (HAM) trials . The Human Rights Court (HAM) takes court proceedings through the Human Rights court procedural law, as contained in the Law on Human Rights (HAM) courts. The concept of Human Rights (HAM) can be seen from two sides, including the western and eastern views.
Legal Protection for Investors Againts Illegal Investment Darmawan Wiridin; Zulfikar Putra; Nasrin; Ali Mustafa; Ansyar
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.393

Abstract

This research was conducted with the aim of exploring the rise of fraudulent or illegal investments in Indonesia. The outbreak of fraudulent investment cases in the digital transformation era has harmed many people. There are various types of fraudulent investment modus operandi, including using Ponzi Schemes with cryptocurrency mode, using social media and influencers, and claiming to be an investment company that has been licensed by OJK. The research method used a literature study. The results show that the cause of people becoming victims of illegal investment fraud is not only because they are tempted by the large profits offered, but also the lack of knowledge of victims about the mechanism and workings of investment products. When investing, it should be in a place with clear legality. Investors invest in platforms that are licensed and supervised by regulators in the financial sector. Therefore, it is very important to verify and check the legality of the investment platform. In addition to socializing and educating the public regarding illegal investments, the Investment Alert Task Force also plays a role in preventing unlicensed business activities that have the potential to harm the public. The public is asked to be cautious of illegal investment offers. Investors must understand financial and digital literacy before investing because it is important to prevent investment fraud. Increased financial literacy will increase public knowledge of legal financial products.
Perlindungan Hukum Kreditor Preferent Pada Perusahaan Asuransi Yang Pailit Tri Reni Novita; M. Faisal Husna
Jurnal Smart Hukum (JSH) Vol. 1 No. 3 (2023): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v1i3.397

Abstract

Legal protection for policyholders, insured or insurance participants, in relation to insurance company bankruptcy, Indonesian positive law has actually provided a way out with several alternative options, namely based on the provisions of the Civil Code, the Bankruptcy Law, and the provisions of the Indonesian Civil Code. Law No.40 of 2014 stipulates explicitly that the rights of the policyholder/insured or insurance participant for the distribution of the assets of an insurance company bankrupt by court or liquidation have a higher (primary) position than the rights of other creditors. Article 52 paragraph (1) states “In the event that an insurance company, sharia insurance company, reinsurance company or sharia reinsurance company is bankrupt or liquidated, the rights of the policyholder, the insured or participants for the distribution of their assets have a higher position than the rights of other parties”. The meaning of this sentence is thar the policyholder has a position as a preferred creditor, namely a creditor whose position takes precedence over other creditors in the distribution of bankruptcy assets of an insurance company. In the distribution of bankruptcy assets, the policyholder has the right to demand priority payment of his rights in accordance with the previously agreed agreement.

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