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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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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.
The Effects on consumers of using refills under Law No. 8 of 1999 on Consumer Protection Dedi Kiswanto; Herlina Hanum Harahap
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; Herlina Hanum Harahap
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 Loso Judijanto; Desi Asmaret; Agus Septima Ridwan; Bekti Utomo; 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 Henny Saida Flora; Ning Adiasih; Selamat Lumban Gaol; Indriyana Dwi Mustikarini; Johannes Johny Koynja
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 Diana R. W. Napitupulu
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.

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