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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 135 Documents

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Tinjauan Surat Edaran Satgas Covid-19 Nomor 20 Tahun 2021 Atas Kebijakan Wajib Karantina Setelah Melakukan Perjalanan Internasional Pada Masa Pandemi Covid-19 Dalam Perspektif Hak Asasi Manusia Budi Harto; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

The phenomenon of the spread of the corona virus (Covid-19) which is very fast and uncontrolled has made the World Health Organization (WHO) stipulate that Covid-19 as a pandemic on March 12, 2020. In Indonesia, as one of the countries affected by Covid-19, has tried to make several policies in order to suppress the spread and limit the space for the transmission of Covid-19. One of these policies is the regulation of mandatory quarantine for Indonesian Citizens (WNI) and Foreign Citizens (WNA) who have traveled internationally as stated in the Covid-19 Task Force Circular No. 20 of 2021 concerning International Travel Health Protocols During the Covid-19 Pandemic. -19. The policy regarding the obligation to undergo quarantine during the pandemic has the potential for violations in terms of fulfilling human rights. This study examines more specifically the self-quarantine regulations that are placed in hotels with the components of all costs incurred not being borne by the government but by themselves. This type of research uses a normative juridical method with an approach to legislation and concepts related to self-quarantine. This study summarizes that the state policy regarding mandatory quarantine in an emergency situation such as the Covid-19 pandemic is something that is legally allowed, as long as the limitation of human rights is still in the derogable right group (which can be limited in its fulfillment). However, taking such action must be done carefully, and full of wisdom. There are sanctions for violations (such as the case of decision Number 21/Pid.S/2021/PN Tng) regarding escaping from the quarantine center, even though the trial process and case title are brief criminal proceedings, hoping that it will not only cause a deterrent effect on the community , but as an effort to make the public aware of the law and efforts to prevent similar cases from happening and reoccurring.

Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Perdagangan Manusia (Human Trafickking) Cindy Regita Pratiwi; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Trafficking in persons is a symbol/social status where people who have high social status (economic and political power) are ensured to have slaves. Everyone who has slaves will be considered to have a high social status, so it has become a common thing for people who have a high social status. In this problem, the researcher asserts that the legal questions and objectives for human trafficking are as follows: 1. How is the application of the legal system governing the occurrence of the crime of human trafficking (human trafficking) 2. How is the analysis of judge decisions in trafficking decisions Human Trafficking at Number.801/Pid.Sus/2020/PN Lbp. 3. What are the obstacles faced by law enforcement officers in tackling the crime of trafficking in persons (human trafficking). Research is the most important part of the whole series of activities for writing a scientific paper, because to answer the main research problems, the object of the problem described in the formulation of the problem will be answered. The research location is a place or area where the research will be carried out. The location of this research is located at the Lubuk Pakam State Court Class I-A Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, Tel/Fax: (061) 7955861, North Sumatra. In the application of the legal system that regulates the occurrence of the criminal act of trafficking in persons, it has been very widespread which has been organized both on a national and international scale. So that makes the government feel difficult in tackling the crime of trafficking in persons.

Implementasi Undang-Undang Transaksi Elektronik (UU ITE) Ditinjau Berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP) Terhadap Kebebasan Berekspresi Masyarakat Di Media Sosial Zariah Nur; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

This study aims to determine the implementation of the Electronic Transactions Act (Uu Ite) in terms of the Criminal Code (KUHP) on the Freedom of Expression of the People on Social Media. Social media is an online medium, with its users being able to easily participate, share, and create content including blogs, social networks, wikis, forums and virtual worlds. Blogs, social networks and wikis are the most common forms of social media used by people around the world. Deliberately and without rights distributing and/or transmitting and/or making accessible Electronic Information and/or Electronic Documents containing insults and/or defamation with decision number 61/Pid.B/2020/PN Mdn. The government has played a role in law enforcement in the field of Information and Electronic Transactions (ITE) with the enactment of Law No. 11 of 2008 concerning ITE. The Government of the Republic of Indonesia through law enforcement officials, especially the National Police, has been actively engaged to act as justice enforcers in criminal offenses in the field of Information and Electronic Transactions, although not yet optimal.

Pertimbangan Hakim Dalam Memutuskan Perkara Tindak Pidana Penyalahgunaan Narkotika Golongan 1 Bagi Diri Sendiri Muhammad Akbar; Syahrul bakti Harahap
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

Narcotics abuse no longer looks at age, ranging from children, teenagers, adults to the elderly even though they are not free from the trap of narcotics abuse. It is estimated that around 1.5 percent of the total population of Indonesia are victims of narcotics abuse. The problem of narcotics circulation is no less worrying, because it does not only occur in big cities but also reaches remote parts of Indonesia. Misuse of psychotropic substances can lead to a dependency syndrome if their use is not under the supervision and guidance of health workers who have the expertise and authority to do so. The reality in society shows that psychotropics should be used in health services and science has been abused. The use of this substance is beyond the limit, which is generally intended to obtain temporary pleasure. This causes people who are addicted to psychotropics to increase. The demand for psychotropics in the black market is also getting bigger. The crime rate that arises from the urge to get psychotropics as well as those that occur after someone consumes them also increases. This research method is normative juridical which will explore various secondary literatures consisting of legislation, regulations, books, journals and papers related to patents. The author uses a normative juridical method because the target of this research is law and rule. The definition of rules includes, legal principles, rules in a narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truth through deductive reasoning. Deductive way of thinking means research will depart from a specific idea. Data collection methods are through: questionnaires, interviews, observations, exams (tests), documentation, and others. Researchers can use one or a combination of techniques depending on the problem at hand or being studied.

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.

Pembatalan Perkawinan Tanpa Persetujuan Orang Tua sebagai Wali Nasab (Studi Putusan Pengadilan Agama Medan No. 2530/Pdt.G/2019/PA.Mdn) Devia Sutanri Nasution; Hasballah Thaib; Zamaksyari Bin Hasballah Thaib
Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release)
Publisher : Inovasi Pratama Internasional. Ltd

The problem of this research, related to marriage without the consent of the guardian of the lineage can be canceled. legal consequences after the marriage was annulled without the permission of the lineage guardian and the judge's legal considerations in the Medan Religious Court Decision No. 2530/Pdt.G/2019/PA.Mdn. This study uses literature research and empirical research at the Medan Religious Court by conducting interviews with two judges. The results of the study that marriages without the consent of the nasab guardian can be canceled, this is in accordance with the provisions of Article 22 of Law Number 1 of 1974 which states "Marriage can be annulled, if the parties do not meet the requirements to carry out the marriage". In other words, if the conditions for a marriage are not met, the marriage can be annulled. The reasons that can be submitted for the annulment of a marriage. A marriage that is held in the presence of an unauthorized marriage registrar and a marriage guardian who performs the marriage is invalid or without the approval of the lineage guardian. The legal consequences after the marriage is annulled without the permission of the lineage guardian, first, the termination of the marital relationship between Defendant I and Defendant II, so that the marriage is considered to have never existed. Second, Defendant II as a father is obliged to provide a living for children who have been born from the marriage. This is in accordance with Article 45 paragraph (1) of the Marriage Law which stipulates that both parents are obliged to maintain and educate their children as well as possible. Third, regarding the position of joint property where the distribution of joint property is handed over to each party in accordance with the agreement of each party. Regarding the distribution of joint property, joint property must be divided equally. The judge's legal considerations relate to the annulment of the marriage in accordance with the applicable legal provisions, and for the benefit of the people, even though there are losses from both parties whose marriage is annulled.

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.

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Home Page

OAI Link

Editorial Team

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Contact Name Bincar Nasution

Contact Email info@ipinternasional.com

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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

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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