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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 135 Documents
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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.222 KB) | DOI: 10.55299/jsh.v1i2.268

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.08 KB) | DOI: 10.55299/jsh.v1i2.272

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.349 KB) | DOI: 10.55299/jsh.v1i2.273

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.806 KB) | DOI: 10.55299/jsh.v1i2.285

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.291 KB) | DOI: 10.55299/jsh.v1i2.288

Abstract

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.
To Build the Supervisory Capacity of the Regional Representative Council (DPRD) in Order to Realize the Implementation of Good Governance H. M. Yasin; Nurmi Sari
Jurnal Smart Hukum (JSH) Vol. 1 No. 2 (2023): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (105.047 KB) | DOI: 10.55299/jsh.v1i2.303

Abstract

The implementation of the supervisory function of the DPRD is mandated by law, supervision is intended to exercise control over the executive who is mandated to run the wheels of government in order to improve public welfare. But the supervisory function of the DPRD is a policy supervision rather than a technical one, the forms of supervision of the DPRD are in the form of hearings, work meetings, and monitoring and evaluation and field review, while absorbing the aspirations of the community related to government services and policies. It is not intended to create a good government.
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.

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