cover
Article Per Year (5 Year)
All
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
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 26 Documents
 1   2   3 
Search results for , issue "Vol. 3 No. 1 (2024): June-September" : 26 Documents clear
The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives Ica Karina
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1083

Abstract

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Henny Saida Flora; Grenaldo Ginting; Ningrum Ambarsari; Marjan Miharja; Dolfries Jakop Neununy
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.
Legal Protection of Indonesian Workers on Japan on the Perspective of Human Rights and Pancasila Values Franciscus Xaverius Wartoyo; Aznina Lembayung Batubara; Evy Harjono; Genta Maghribi
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1099

Abstract

In the 21st century, the phenomenon of labor migration is becoming increasingly significant globally. Japan has become one of the main destinations for Indonesian workers. However, legal protection for them in Japan is still a major concern. This study provides an in-depth insight into the challenges faced by Indonesian workers in Japan in obtaining adequate legal protection. Using a qualitative approach and text analysis, this research uncovers important aspects of legal protection for Indonesian workers in Japan. The findings highlight the need for an evaluation of the effectiveness of the legal protection provided, as well as an emphasis on its relation to the principles of human rights and the values of Pancasila. The legal protection provided should be in line with human rights principles, such as the rights to justice, equality and humanity. As a country based on Pancasila values, the practice of legal protection for Indonesian workers in Japan must also be consistent with Pancasila values, such as social justice, unity, and humanity. The recommendations from this research can serve as a foundation for improving the legal protection system for Indonesian workers in Japan, with the ultimate goal of improving their welfare and ensuring that their rights are properly recognized, respected and protected. As such, this research not only provides a better understanding of the challenges faced by Indonesian workers in Japan, but also offers directions that can be taken to improve their conditions in the future.
The Effects on consumers of using refills under Law No. 8 of 1999 on Consumer Protection Kiswanto, Dedi; Harahap, Herlina Hanum
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.894

Abstract

The purpose of this research is to determine and analyze the legal protection of the impact of using refill perfume on consumers based on Law Number 8 of 1999 concerning Consumer Protection, obstacles to the impact of using refill perfume on consumers based on Law Number 8 of 1999 concerning Consumer Protection and solutions to the impact of using refill perfume on consumers based on law number 8 of 1999 concerning consumer protection. This research is The field research method, which involves conducting research in an actual field setting, is a common methodology employed in legal research. Prior to conducting any research project, the researcher should determine the most appropriate method for the study at hand. The results of the research are the continued disadvantage of consumer rights by business actors in terms of refill perfume. The responsibility of business actors for losses suffered by consumers who use cosmetic products, in this case refill perfumes, is contingent upon the clarity of the product label. The responsibility of business actors is also referenced in Article 1365 of the Civil Code concerning Consumer Protection, consumers who have been harmed as a result of using dangerous refillable perfume oil may pursue legal remedies through out-of-court dispute resolution.
The government's Role with Respect to Honorary Workers is Delineated in the 2014 State Civil Apparatus Act. Supian; Harahap, Herlina Hanum
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.895

Abstract

The objective of this study is to determine the role of the government with regards to honorary workers in compliance with Law No. 5 of 2014 concerning the State Civil Apparatus. Furthermore, it seeks to identify the efforts and policies of the Serdang Bedagai Regency government in organizing personnel administration of honorary workers. Furthermore, this study will examine whether there has been an impact on the Government of Serdang Bedagai Regency in accordance with Law Number 5 of 2014, as well as the impact of Law Number 5 of 2014 on honorary workers in the region. The empirical juridical method was employed in this study. Data were collected through interviews and documentation. Upon completion of the data processing stage, it is evident that the Serdang Bedagai Regency Government has consistently implemented its policy of administering honorary staff and similar personnel through the establishment of formal legality, as evidenced by the issuance of a decree (SK) of honorary staff, which was originally initiated by the Regent or Regional Official. This practice has continued, with no changes being made, for the 2019 and subsequent years. Furthermore, the decree has been transferred to each OPD, where it will be administered by both the head of the agency and the head of the service within the agency. In addition, it should be noted that, in order for the Serdang Bedagai Regency Government to function effectively and efficiently, it still requires honorary staff, such as operators, security personnel, and cleaning personnel, whose roles are essential to the smooth running of operations.
Legality and Implications of International Law on Cooperation between Indonesia and Norway in the Environmental Sector Judijanto, Loso; Asmaret, Desi; Ridwan, Agus Septima; Utomo, Bekti; Sahrul
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.896

Abstract

The issue of environmental protection has become a significant concern in international relations, with numerous countries striving to preserve the environment through various initiatives. One such initiative is the conduct of international cooperation, which is implemented through a special program on the environment. This study seeks to ascertain the dynamics of the cooperation between Indonesia and Norway on environmental matters, with a particular focus on the Reducing Emissions from Deforestation and Forest Degradation (REDD+) programme, which operated from 2017 to 2021. The objective of this initiative, which falls under the umbrella of environmental cooperation, is the reduction of greenhouse gas emissions resulting from deforestation and forest degradation. The REDD+ program is a funding mechanism designed to support initiatives aimed at mitigating greenhouse gas emissions resulting from deforestation and forest degradation. The methodology employed in this research entails the utilization of qualitative research techniques, namely descriptive analysis, to generate insights from the data collected. This study's theoretical approach is informed by the context of international cooperation, particularly the historical bilateral relationship between Indonesia and Norway. The results of this research indicate the implementation of cooperation between Indonesia and Norway in the environmental sector through the REDD + program between the years 2017 and 2021, which was met with a number of significant challenges. These included issues related to the protection of forests, delays in fulfilling cooperation requirements, and disagreements with indigenous peoples. Additionally, the study identifies the problem of the implementation of Result Based Payments by Norway and the termination of Indonesia-Norway REDD+ cooperation.
Position of a Single Judge in a Small Claim Court: Role and Responsibilities Flora, Henny Saida; Adiasih, Ning; Lumban Gaol, Selamat; Mustikarini, Indriyana Dwi; Koynja, Johannes Johny
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.903

Abstract

In the context of litigation, a simple lawsuit is one that has no legal recourse. It is an objection that is heard by judges who are senior in the field. This type of lawsuit is convenient for the community at large, encompassing companies, People's banks, and other banks whose proof is simple. The data collection methods employed in this research are observation, interview, and documentation. The subject of this research is the application of a straightforward lawsuit in the Jakarta District Court, specifically, the types of cases that may be resolved by such a suit. This is a qualitative study employing an empirical juridical approach, employing a descriptive methodology. This research provides a conclusion that a simple lawsuit based on Supreme Court Regulation Number 4 of 2019 represents a significant advancement over Supreme Court Regulation Number 2 of 2015. However, it was subsequently amended by Supreme Court Regulation Number 4 of 2019. The value of the lawsuit is set at IDR 500,000,000.00, with a case subscription period of 25 days. The categories of this simple lawsuit are default (breach of promise) and tort, with the exception of those concerning land issues. The application of this simple lawsuit at the Pekanbaru District Court is commendable, although a few obstacles remain. However, these do not impede the resolution of existing cases. With regard to the obstacles for judges in this simple lawsuit, namely the District Court, it is necessary to implement a more extensive socialization program to educate the public about this simple lawsuit. This will help to prevent any errors when filing a case resolved through a simple lawsuit.
Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia Napitupulu, Diana R. W.
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.921

Abstract

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained.
The Role of the Consumer Dispute Resolution Agency (BPSK) Regarding Developer Consumer Rights that are Not Fulfilled Rezky Saftiaan; Indah Harlina; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1018

Abstract

The Consumer Dispute Resolution Agency (BPSK) was established as a solution to avoid resolving consumer disputes through general courts. Proceeding in the general court takes a long time and costs a lot of money, whereas resolving consumer disputes requires fast and cheap procedural law. Consumer Dispute Resolution Agency Provisions in Law Number 8 of 1999 concerning consumer protection which strictly regulates consumer rights that consumers have the right to correct, clear and honest information regarding the actual condition and guarantee of goods/services, of course the Consumer Protection Law accommodating legal certainty for consumers to obtain the rights to everything they want or buy, so that legal certainty for consumers if they do not get clear and correct information from developers or business actors for consumers who buy a house or place to live can be guaranteed if their rights their rights are not fulfilled .
Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law Mellan Noviani; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1023

Abstract

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship.

Page 2 of 3 | Total Record : 26

 1   2   3 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 4 No. 3 (2026): February-May Vol. 4 No. 2 (2026): October-January Vol. 4 No. 1 (2025): June-September Vol. 3 No. 3 (2025): February-May Vol. 3 No. 2 (2025): October-January Vol. 3 No. 1 (2024): June-September Vol. 2 No. 3 (2024): February-May Vol. 2 No. 2 (2024): October-January Vol. 2 No. 1 (2023): June-September Vol. 1 No. 3 (2023): February-May Vol. 1 No. 2 (2023): October-January Vol. 1 No. 1 (2022): September (First Release) More Issue