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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 144 Documents
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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.
Translation Issues in the Translation Process of “Pirates of the Caribbean; the Curse of the Black Pearl” Movie Script Gandung Aulia Wiratmoko
Jurnal Smart Hukum (JSH) Vol. 2 No. 1 (2023): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i1.405

Abstract

This research article aimed to classify the types of issues and its translation strategies in Pirates of the Caribbean; The Curse of the Black Pearl. The descriptive qualitative paper using content analysis and documentation in collecting the data. All data were analysed by identifying and determining the translation strategy of idiom, slang, jargon and cultural term. The results showed that the frequency of idiom is 26, the number of jargon is 18, the number of slang is 14 and cultural term is that occured in the movie script. The issues are in the form of Idiom, Jargon, Slang and Cultural Term. Idiom were analyzed by four strategies for translating idiom. Jargon were analyzing by understanding the term and the context. And slang were analyzed by the term and the use.
Analisis Yuridis Mengenai Pengaturan Tindak Pidana Euthanasia (Suntik Mati) menurut 344 KUHP di Indonesia Tengku Novita Artika; Mahzaniar
Jurnal Smart Hukum (JSH) Vol. 2 No. 1 (2023): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i1.621

Abstract

Euthanasia is defined as the act of ending someone's life to stop their suffering. Euthanasia is regulated in Article 344 of the Criminal Code, which states that anyone who takes another person's life at that person's own request, which is clearly stated with sincerity, is threatened with a maximum prison sentence of 12 years. From the sound of this article it can be concluded that a person is not permitted to take another person's life, even if the reason is at the victim's own request. This indicates the law's respect for a person's life, regardless of the person's own interests. The problem in this research is to find out the regulations for Euthanasia in the Criminal Code in Indonesia, how doctors act towards Euthanasia requests, what factors influence the occurrence of Euthanasia in Indonesia. This research is a case with interviews through the District Court and the Head of Lubuk Pakam District Hospital. The results of this research are that the regulation of Euthanasia in the Indonesian Criminal Code violates Article 340 of the Criminal Code which states that anyone who intentionally and with premeditation takes the life of another person is threatened with premeditated murder, with the death penalty or imprisonment for life or for a period of time. certain, a maximum of 20 years (twenty years). The doctor's review of Euthanasia requests is in the form of pure euthanasia, passive euthanasia, indirect euthanasia and active euthanasia (mercy killing). All types of euthanasia can be carried out by patients, the patient's family or doctors. Factors that influence the occurrence of Euthanasia in Indonesia are humanitarian factors, economic factors, the patient's condition, medical personnel viewing the treatment process as ineffective and feelings of pity for the patient's suffering.
The Influence of Social Change on Gender Roles in Society: A Civil Law Perspective Nur Hakima Akhirani Nasution; Amru Hasibuan; Erwin Hamonangan Pane
Jurnal Smart Hukum (JSH) Vol. 2 No. 1 (2023): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i1.639

Abstract

This research aims to analyze the influence of social change on gender roles in society from a civil law perspective. The research method used is literature study by collecting data from various sources such as books, journals and related articles. The research results show that social changes influence gender roles in society, especially in terms of rights and obligations in civil law. Social changes such as technological advances, globalization, and changes in social values affect gender roles in society. The conclusion of this research is that social changes influence gender roles in society and efforts are needed to adapt civil law to these social changes.
Juridical Analysis of Court Decisions Regarding Civil Lawsuits from a Civil Law Perspective Danialsyah
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.705

Abstract

The role of the head of the district court is to review and consider all requests for enforcement in their court in order to prevent any impediments to the enforcement of court decisions that have already attained permanent legal status. Thus, the objective of this paper is to identify the factors that impede the execution of court decisions with lasting legal effect. The research utilized the descriptive-analytical approach with a normative juridical emphasis. The study revealed that the primary reasons for delayed execution of court decisions with permanent legal force were due to limited availability of executors, budget constraints, opposition by third parties, and judicial review of decisions.<< To overcome the challenges encountered in executing judicial decisions by the Supreme Court of the Republic of Indonesia, it is crucial to train State Civil Servants who are specialized in carrying out their functions effectively through education that is tailored to their role.
Juridical Analysis of Drug Use and Its Implications in Criminal Law Muhammad Ridwan Lubis
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.706

Abstract

The purpose of this study is to evaluate the effectiveness of legal analysis in addressing drug abuse in law enforcement within Indonesia. Identifying the barriers to law enforcement and rehabilitation for drug offenders and narcotics abusers in the legal system is also a focus. The research employs sociological and juridical research methods, incorporating a social science approach alongside legal analysis. To identify issues in this study, the researcher employed descriptive analysis research methods by detailing the application of punishment and rehabilitation approaches for drug dealers and individuals involved in drug abuse.
Analysis of Legal Protection and Children's Health in the Post-Covid 19 Pa℩℩demic (Based on Dignified Justice) Franciscus Xaverius Wartoyo
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.767

Abstract

National education is education that is based on Pancasila, the 1945 Co℩℩stituio℩℩ of the Republic of Indonesia, and is rooted in the diversity of Indonesian culture and society, and is responsive to the demands of changing times. The purpose of writing this article is to reveal how the application of education in the post-pa℩℩demic period in the form of prevention and increasing healthy living behavior such as washing hands, wearing masks and so on, accompanied by strict health protocols, is still needed to prevent further transmission. The implementation of legal protection for children's health needs special attention in the post-Covid-19 pa℩℩demic, both in formal and non-formal education. In educational environments, health protocols are still required and students who have a cold or cough are advised to be self-aware and responsible for maintaining health protocols.
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.

Page 5 of 15 | Total Record : 144

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