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INDONESIA
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 10 Documents
 1 
Search results for , issue "Vol. 2 No. 3 (2024): February-May" : 10 Documents clear
Legal Consequences of Creditors Recipients of Fiduciaries who are not Registered Judging from Law Number 42 of 1999 concerning Fiduciary Guarantees Diana R. W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.833

Abstract

The law of not registering fiduciary creditors has significant consequences for the enforceability and validity of fiduciary guarantees. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, creditors receiving fiduciaries must be registered as members of the Fiduciary Guarantee Council. Failure to register a fiduciary creditor can give rise to legal problems in terms of executing fiduciary guarantees, because the guarantee cannot be used as evidence or a legal resource. Therefore, efforts need to be made to prevent this from happening and ensure that creditors who receive fiduciaries meet the requirements to be registered as members of the Fiduciary Guarantee Council. This research uses a qualitative data analysis approach to conduct normative legal studies. The main legal sources in this research are primary legal sources. The conclusion of this research is that an unregistered fiduciary agreement has legal consequences, where the creditor does not have a preferred position in the event of bankruptcy and only acts as a concurrent creditor. And if the debtor defaults, the creditor does not have direct executorial rights over the fiduciary collateral, if the debtor is unable to pay off the entire debt at the agreed time.
The Examination of Government Regulation Number 28 of 2022 From a Pancasila Point of View Evy Harjono; Franciscus Xaverius Wartoyo; Rita Mulyani; Genta Maghribi; Aznina Lembayung Batubara; David Harlingan
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.843

Abstract

Indonesia as a democratic country that emphasizes the rule of law as the main foundation, makes Pancasila as the moral and philosophical foundation for the constitution and laws and regulations. This research aims to evaluate the consistency of Government Regulation Number 28 Year 2022 on the Management of State Receivables with the principles of Pancasila, as well as to assess the extent to which its practical implementation reflects the moral and philosophical values of Pancasila. The method used in this research is juridical-normative with a conceptual and statutory approach, accompanied by qualitative descriptive analysis of relevant statutory documents and legal doctrine. The results of the analysis highlight the importance that Government Regulation No. 28 Year 2022 must comply with the existing legal hierarchy, as well as consistently reflect the principles of Pancasila as a moral and philosophical foundation in the regulation of state receivables. Nonetheless, the addition of new rules concerning liability for state receivables raises debates about consistency and social justice. Therefore, it is important for the government to ensure that the implementation of the rules not only considers the legal and financial aspects, but also the social and humanitarian impacts on the individuals involved. Success in regulating state receivables should be measured by the extent to which the principles of Pancasila are respected and social justice is realized in the process, which will help strengthen the foundations of democracy and the rule of law in Indonesia.
The Participation of the Java Sumatra Archipelago Youth Association (PENJARA) in Preventing the Occurring of Corruption Crimes: Case Study of the Central Leadership Council of the Nusantara Java Sumatra Youth Association (PENJARA) Satria Nanda; Nurhimmi Falahiyati; Sahbudi
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.850

Abstract

The general purpose of this research is to find out how the implementation of the role of youth participation in the Java-Sumatra archipelago in upcaya prevention and eradication of criminal acts of corruption. To find out how the government's efforts to optimize the prevention and eradication of corruption in Indonesia. The research method is a way or effort to do something by using the mind carefully to achieve a goal by searching, writing, arranging, formulating and analyzing until preparing a report. empirical legal research is research or observation in the field or field research whose research is focused on collecting empirical data. The approach method used in this research is the juridical-empirical method. Juridical-empirical research is legal research regarding the enactment or implementation of normative legal provisions directly on every legal event that occurs. The government's efforts in preventing and eradicating corruption are very worrying and pose a threat to the government, including synchronizing legislation or regulatory arrangements, fostering human resources, and digitizing government in preventing and eradicating corruption. Synchronizing legislation or regulatory arrangements. Synchronizing legislation or regulatory arrangements, adjustments and alignments related to the law on the prevention and eradication of corruption. Human Resource Development (HR) Providing education to the public about the prevention and eradication of corruption in accordance with Article 13 of Law No.30 concerning the Corruption Eradication Commission is a paradigm in the prevention and eradication of corruption, as a key success factor in the prevention and eradication of corruption. Socializing the prevention and eradication of corruption program. Digitalization and technology efforts in Indonesia are so massive that it is necessary to meet the requirements if we want to encourage the digitalization of all public services as an effort to prevent and eradicate criminal acts of corruption.
Juridical Review of Replacement Certificates of Land Rights Due to Loss at the Medan City Land Office Yuni Mifta Afida Hutagalung; Nurhimmi Falahiyati; Akiruddin Ahmad
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.851

Abstract

An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir.
Law and Application of Pancasila Principles in Interfaith Marriages in Indonesia Irsan Rahman; Darmawati. R; Rica Regina Novianty; Erni; Basrawi
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.884

Abstract

The implementation of the life of the nation and state is inextricably tied to the divine values encapsulated in Pancasila and the Constitution. However, the current reality of Indonesia's diverse nation poses a challenge to these divine values. The absence of barriers between individuals, as exemplified by their interactions and the formation of families through marriage, has resulted in the dissolution of ethnic, cultural, and religious distinctions. Consequently, some couples entering into marriage no longer consider their ethnic and cultural background as a determining factor in their relationship.The purpose of this paper is twofold: first, it aims to analyse the views of Pancasila and the 1945 Constitution of the Republic of Indonesia on the phenomenon of interfaith marriages in Indonesia; second, it seeks to provide confirmation of the actual legal status of these marriages. In order to achieve this, this paper employs a normative legal research methodology, utilising both a statutory and conceptual approach in its investigation. From a conceptual standpoint, marriage encompasses not only its legal and private aspects, but also its religious aspects. Therefore, the state relinquishes its authority to determine the legitimacy of marriage to religious law, which, by its nature, discourages interfaith marriages. This paper concludes that Pancasila and the 1945 Constitution do not acknowledge the existence of interfaith marriages, as they are deemed incompatible with divine values. Accordingly, the judiciary should refrain from recognizing interfaith unions. To resolve legal disputes surrounding these unions, the Population Administration Act should be amended to repeal Article 35, Paragraph 1.
Legal Consequences of Creditors Recipients of Fiduciaries who are not Registered Judging from Law Number 42 of 1999 concerning Fiduciary Guarantees Napitupulu, Diana R. W.
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.833

Abstract

The law of not registering fiduciary creditors has significant consequences for the enforceability and validity of fiduciary guarantees. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, creditors receiving fiduciaries must be registered as members of the Fiduciary Guarantee Council. Failure to register a fiduciary creditor can give rise to legal problems in terms of executing fiduciary guarantees, because the guarantee cannot be used as evidence or a legal resource. Therefore, efforts need to be made to prevent this from happening and ensure that creditors who receive fiduciaries meet the requirements to be registered as members of the Fiduciary Guarantee Council. This research uses a qualitative data analysis approach to conduct normative legal studies. The main legal sources in this research are primary legal sources. The conclusion of this research is that an unregistered fiduciary agreement has legal consequences, where the creditor does not have a preferred position in the event of bankruptcy and only acts as a concurrent creditor. And if the debtor defaults, the creditor does not have direct executorial rights over the fiduciary collateral, if the debtor is unable to pay off the entire debt at the agreed time.
The Examination of Government Regulation Number 28 of 2022 From a Pancasila Point of View Evy Harjono; Wartoyo, Franciscus Xaverius; Mulyani, Rita; Maghribi, Genta; Batubara, Aznina Lembayung; Harlingan, David
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.843

Abstract

Indonesia as a democratic country that emphasizes the rule of law as the main foundation, makes Pancasila as the moral and philosophical foundation for the constitution and laws and regulations. This research aims to evaluate the consistency of Government Regulation Number 28 Year 2022 on the Management of State Receivables with the principles of Pancasila, as well as to assess the extent to which its practical implementation reflects the moral and philosophical values of Pancasila. The method used in this research is juridical-normative with a conceptual and statutory approach, accompanied by qualitative descriptive analysis of relevant statutory documents and legal doctrine. The results of the analysis highlight the importance that Government Regulation No. 28 Year 2022 must comply with the existing legal hierarchy, as well as consistently reflect the principles of Pancasila as a moral and philosophical foundation in the regulation of state receivables. Nonetheless, the addition of new rules concerning liability for state receivables raises debates about consistency and social justice. Therefore, it is important for the government to ensure that the implementation of the rules not only considers the legal and financial aspects, but also the social and humanitarian impacts on the individuals involved. Success in regulating state receivables should be measured by the extent to which the principles of Pancasila are respected and social justice is realized in the process, which will help strengthen the foundations of democracy and the rule of law in Indonesia.
The Participation of the Java Sumatra Archipelago Youth Association (PENJARA) in Preventing the Occurring of Corruption Crimes: Case Study of the Central Leadership Council of the Nusantara Java Sumatra Youth Association (PENJARA) Nanda, Satria; Falahiyati, Nurhimmi; Sahbudi
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.850

Abstract

The general purpose of this research is to find out how the implementation of the role of youth participation in the Java-Sumatra archipelago in upcaya prevention and eradication of criminal acts of corruption. To find out how the government's efforts to optimize the prevention and eradication of corruption in Indonesia. The research method is a way or effort to do something by using the mind carefully to achieve a goal by searching, writing, arranging, formulating and analyzing until preparing a report. empirical legal research is research or observation in the field or field research whose research is focused on collecting empirical data. The approach method used in this research is the juridical-empirical method. Juridical-empirical research is legal research regarding the enactment or implementation of normative legal provisions directly on every legal event that occurs. The government's efforts in preventing and eradicating corruption are very worrying and pose a threat to the government, including synchronizing legislation or regulatory arrangements, fostering human resources, and digitizing government in preventing and eradicating corruption. Synchronizing legislation or regulatory arrangements. Synchronizing legislation or regulatory arrangements, adjustments and alignments related to the law on the prevention and eradication of corruption. Human Resource Development (HR) Providing education to the public about the prevention and eradication of corruption in accordance with Article 13 of Law No.30 concerning the Corruption Eradication Commission is a paradigm in the prevention and eradication of corruption, as a key success factor in the prevention and eradication of corruption. Socializing the prevention and eradication of corruption program. Digitalization and technology efforts in Indonesia are so massive that it is necessary to meet the requirements if we want to encourage the digitalization of all public services as an effort to prevent and eradicate criminal acts of corruption.
Juridical Review of Replacement Certificates of Land Rights Due to Loss at the Medan City Land Office Hutagalung, Yuni Mifta Afida; Falahiyati, Nurhimmi; Ahmad, Akiruddin
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.851

Abstract

An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir.
Law and Application of Pancasila Principles in Interfaith Marriages in Indonesia Rahman, Irsan; Darmawati. R; Novianty, Rica Regina; Erni; Basrawi
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.884

Abstract

The implementation of the life of the nation and state is inextricably tied to the divine values encapsulated in Pancasila and the Constitution. However, the current reality of Indonesia's diverse nation poses a challenge to these divine values. The absence of barriers between individuals, as exemplified by their interactions and the formation of families through marriage, has resulted in the dissolution of ethnic, cultural, and religious distinctions. Consequently, some couples entering into marriage no longer consider their ethnic and cultural background as a determining factor in their relationship.The purpose of this paper is twofold: first, it aims to analyse the views of Pancasila and the 1945 Constitution of the Republic of Indonesia on the phenomenon of interfaith marriages in Indonesia; second, it seeks to provide confirmation of the actual legal status of these marriages. In order to achieve this, this paper employs a normative legal research methodology, utilising both a statutory and conceptual approach in its investigation. From a conceptual standpoint, marriage encompasses not only its legal and private aspects, but also its religious aspects. Therefore, the state relinquishes its authority to determine the legitimacy of marriage to religious law, which, by its nature, discourages interfaith marriages. This paper concludes that Pancasila and the 1945 Constitution do not acknowledge the existence of interfaith marriages, as they are deemed incompatible with divine values. Accordingly, the judiciary should refrain from recognizing interfaith unions. To resolve legal disputes surrounding these unions, the Population Administration Act should be amended to repeal Article 35, Paragraph 1.

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