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Hukum dan Demokrasi (HD)
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : 14119765     EISSN : 3021825X     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum dan Demokrasi (HD) adalah Jurnal ilmiah dengan fokus dan skop ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan empat kali dalam satu tahun yaitu pada bulan Mei, Agustus, November, dan Februari. Jurnal Hukum dan Demokrasi (HD) melakukan proses peer review secara tertutup pada naskah yang diterima. P-ISSN 14119765 E-ISSN 3021825X
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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Analisa Menambah Surat Gugat dapat dilakukan Sepanjang tidak Merubah dan Menambah Kejadian Materiel Berdasarkan Pasal 127 RV (Perkara No. 79/Pdt.G/2020/PN JKT.SEL) Agus Sugiono; Zaenal Arifin; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.22

Abstract

Sri Bintang Pamungkas, as Plaintiff and Fahrizal Fardiansyah as Main Director of PT. Eora Mitra Sejati as Defendant. The Plaintiff prevented the auction process for the Wilis parcels by the Auction Center through BCA, which was borrowed incorrectly by the Defendant as Collateral to obtain a credit facility from BCA in the amount of Rp. 1,800,000,000,- which ended in default by exchanging Collateral from the Wilis parcels with the central Kalibata parcels. The plaintiff intends to obtain control over all assets of PT. Eora Mitra Sejati which is still left from the proceeds from receiving the BCA credit facility. On July 16, 2014, a Bank BCA credit agreement was held. Based on the credit agreement, BCA agreed to provide local credit facilities not exceeding Rp. 1,200,000,000.- to the Defendant (PT. Eora Mitra Sejati) Which facility will be used for the company's working capital, the length of the loan extension as of July 17 2014 ending July 17 2015 credit interest must be paid at 14.25% per year on loans made stated that it is paid every month, which credit interest can be reviewed, for the first time on May 9, 2019 by providing details of the amount of debt that must be repaid without notification to the Plaintiff and Mrs. Emalia. According to his statement, the Plaintiff has paid more than 5 years to BCA approximately 60 times each in the amount of Rp. 20,000,000, - which is considered as a loan interest payment, while the principal loan payment is only paid once, namely in November 2019 in the amount of Rp. 100,000,000, - then the Plaintiff and Mrs. Emalia on 23 December 2019 met the head of the BCA office in the Bidakara building and the Plaintiff added a payment of Rp. 70,000,000, - the plaintiff requested permission to change to the Panel of Judges to include certificate of ownership no. 03554/Mampang with an area of ​​2,114 m2 in the name of Defendant (now please call Defendant I) MA jurisprudence No. 547K/SIP/1973 states: changes to the lawsuit regarding the subject matter of the case are changes to the subject matter of the lawsuit. Therefore, it must be rejected. 03554 Mampang with an area of ​​2,114 m2 on behalf of the Defendant (now please call it Defendant I) considering that because the Plaintiff had crossed the tolerance limit in changing the lawsuit, the panel of judges considered that the plaintiff's lawsuit must be rejected.
Tinjauan Yuridis Jual Beli Tanah tanpa melalui Pejabat Pembuat Akta Tanah/PPAT: Studi Kasus Putusan Nomor 101/PDT.G/2020/PN TIM Anwar Susanto; Zaenal Arifin
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.23

Abstract

This research was conducted with the aim of finding out how the validity of the status of buying and selling land which was carried out without a deed by the Land Deed Making Officer (PPAT) and how the settlement can be done by the buyer, so that buying and selling land carried out without a PPAT deed can have definite legal force. By using the normative juridical research method, it can be concluded that in buying and selling land which is carried out without a deed, the official making the land deed is a legal sale and purchase as long as it fulfills Article 1338 and Article 1320 of the Indonesian Civil Code, the problem faced is only a matter of proof in in the trial later, the settlement that can be carried out by the buyer, so that the sale and purchase of land carried out without a PPAT deed can have definite legal force by asking for a District Court Decision which gives legal certainty to the plaintiff as the legal owner of the land and buildings on it. With the decision of the District Court, the PPAT as the original holder of the certificate is required to submit the certificate for the land in question which is still registered in the name of the defendant to the plaintiff and his attorney. Because the defendant's place of residence is no longer known so that he cannot appear before the PPAT, the District Court's decision also gives permission and power of attorney to the plaintiff to act on behalf of the defendant (seller) in carrying out the signing of the deed of sale and purchase of land while simultaneously acting for and on his own behalf. the buyer at the price agreed at the time the sale and purchase of the lawsuit was carried out.
Analisis Yuridis Tindak Pidana Pencurian dengan Pemberatan Ditinjau dari Pasal 365 Ayat (1) dan Ayat (2) Ke-2 KUHP : Studi Kasus Putusan No. 751/PID.B/2021/PN JKT.TIM Januari Sihite; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.24

Abstract

Theft accompanied by other acts such as violence resulting in death, including provisions stipulated in Chapter XXII Book II of the Criminal Code. Theft which resulted in death is regulated in Article 365 paragraph (3) of the Criminal Code. Overall, theft is a crime. A criminal act is a criminal act, which is punishable by imprisonment and/or a fine. Imprisonment is an unpleasant punishment for the recipient (the person receiving it). People who are imprisoned for some time do not enjoy freedom, can breathe outside the prison. One of the objectives of this research is to socialize to the public the crime of theft that is committed by more than one person is the crime of theft by weighting. The method used in this study is to use the literary method, where researchers obtain from library materials such as: books (literature), magazines, newspapers, laws and regulations, general dictionaries, legal dictionaries and encyclopedias and the research results obtained from this writing, it is the judge's consideration, to impose a sentence of 2 (two) years each, to the defendant because based on the witnesses, the evidence available to the defendants is proven guilty. for 2 (two) years in prison because defendants 1, 2, 3 and 4 were proven to have joint intentions.
Gugatan Pembatalan Pengangkatan Anak/Adopsi : Studi Kasus di Pengadilan Kota Bogor No 143/Pdt.G/2021/PN Bogor Nurhalimah Nurhalimah; Zaenal Arifin; Zairin Noor
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.25

Abstract

Children are the heirs and successors of the family lineage. Therefore, if a marriage has not or is not blessed with children, then adoption or adoption is held. The definition of adoption can be seen in etymology, terminology, and according to legal experts. But not all families get to enjoy raising a child like other families. In some families, by the power of God, where the desire to have children even after years of marriage has not been blessed, while the desire to have children is very great. So as a result, the descendants of the family will be threatened with extinction and break up if no one continues the family tree and family relatives. If this event occurs, there is a possibility of adopting a child whose origin could be from a relative, family or adopting a child who has nothing to do with family relatives (adopted) to become the successor of the lineage of the family concerned. In this study, the authors used the Sociological Juridical approach, combining juridical/legal rules combined with social facts related to the problem or object under study, namely the case of lawsuits for canceling child adoption and the type of research is descriptive research, the research aims to describe systematically, factual, and accurate, to a particular object. Regulations regarding child adoption have existed in Indonesia since the Dutch East Indies era in the form of Staadsblad No. 129 of 1917 which regulates the adoption of children which specifically applies to Chinese people until the current law, namely Government Regulation of the Republic of Indonesia No. 54 of 2007 concerning Implementation of Child Adoption and Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, but none of these regulations regulate the cancellation of child adoption, meaning that in Indonesia there is a legal vacuum related to regulations which regulates the cancellation of child adoption.
Analisis Tindak Pidana Melakukan Perbuatan Kekerasan Fisik dalam Lingkup Rumah Tangga Ditinjau dari Pasal 44 Ayat 1 Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga (Perkara No. 593/Pid.Sus/2021/PN JKT.BRT) Luki Pratama Putra; Zaenal Arifin; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.26

Abstract

Criminal Laws are Laws regarding Criminals. The word "criminal" means things that are "criminalized", that is, things that are assigned to an individual by the ruling agency as things that are unpleasant to him and also things that are not bestowed on a daily basis. Of course there is a reason for delegating this punishment and this reason should have something to do with a situation, in which a person in question acts badly. So the element of "punishment" as a retribution is implied in the word "criminal". Starting from the problems raised above, the purpose of this research is to socialize Law no. 23 of 2004 regarding the Elimination of domestic violence, not all of them are criminal complaints. This type of research is descriptive research. Data obtained from library research were analyzed qualitatively and presented descriptively. the public prosecutor believed that the violence committed by the defendant against the victim did not cause any physical damage to the victim. the judge considered that he had never been sentenced, was polite, admitted his actions frankly and regretted his actions.
Dasar Hukum Pengajuan Peninjauan Kembali yang Dilakukan Oleh Kejaksaan Reni Halida Malik
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.32

Abstract

The development of the community's need for legal renewal has given rise to many legal phenomena that have emerged at this time. One of them is the submission of legal action for Judicial Review (PK/Heirziening) which is submitted by the prosecutor, even though so far the public sees and knows that legal action for Judicial Review (PK)/Heirziening can only be submitted by the convict, his legal advisor or his heirs. This is clearly regulated in the Indonesian Criminal Procedure Law (KUHAP) that the legal action for Judicial Review (PK)/Herziening is carried out by the convict (can also be submitted through his legal advisor) or his heirs. The legal action for Judicial Review (PK)/Herziening by prosecutors has been carried out repeatedly in Indonesia , and the Chief Justice at the Supreme Court has several times granted the prosecutor's judicial review (PK)/Herziening. The formulation and historical background of the Criminal Procedure Code is clear that PK is the right of the convict or his heirs. The PK requested by the prosecutor has so far violated the regulations legislation. The Criminal Procedure Code does not at all mention that prosecutors can apply for PK, historically PK is actually given as a last resort to the convict or his heirs to change his 'fate'.
Hukum Perkawinan Campuran dan Hak Atas Tanah di Indonesia Ketut Oka Setiawan
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.33

Abstract

Mixed marriage in Law No. 1 of 1974 (UUP) is a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one of the parties is a foreign citizen and one of the parties is an Indonesian citizen (Article 57 UUP). Based on this statement, according to the UUP, mixed marriage regulations prohibit brides and grooms from different religions. The prohibition is mentioned indirectly in Article 2 paragraph (1) of the UUP, "marriage is valid if it is carried out according to the laws of each religion". If a husband and wife buy a piece of land after their marriage, it will automatically become the property of both of them (husband and wife), based on the provisions of Article 35 paragraph (1) of the UUP. However, if at the time or before the marriage takes place, they make a marriage agreement with separate assets, their ownership becomes each of the husband/wife (Article 29 yo 35 UUP). In mixed marriages referred to in Article 57 UUP, namely a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one party is a foreign citizen and one party is an Indonesian citizen, it does not change their citizenship status, still for Indonesian citizens in this case their rights are limited and they are not even given the opportunity to become subjects of HM, HGU and HGB, if at the time or before their marriage they do not make a marriage agreement with separate assets. According to the law, a marriage agreement can only be made at or before the marriage, in other words a marriage agreement cannot be made after the marriage.
Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010 Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.34

Abstract

The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
Quo Vadis Amandemen Konstitusi: Kebijakan Hukum Partisipatif-Populis Versus Representatif-Elitis Partice Rondonuwu
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.35

Abstract

Constitutional and governmental issues and problems occur by looking at the interests of the elite and the will of the people who want fundamental changes related to state life and government life which affect the overall life of a nation state. Indonesia is a very large nation state with a state government that is managed from Sabang to Merauke with various tribes, religions, races and groups that are full of diversity. State and government life is not free from various problems at the elitist and populist levels which are resolved by just and civilized constitutional and governmental mechanisms. One of the various ways to make changes to constitutional legal policy is by making constitutional amendments to the 1945 NRI Constitution. Constitutional amendments to the 1945 NRI Constitution can be seen in the elitist representative legal policy model and the participatory-populist legal policy model. The battle of issues and problems as well as solutions based on representative-elitist legal policy versus populist participatory legal policy will create positive things (constructive nation-building in all fields) and negative things (destructive constitutional movements that destroy the foundations of the unitary state). Anticipating the occurrence of negative things will make the constitutional amendment run smoothly and all parties can accept it openly.
Analisis Kealpaan yang Mengakibatkan Matinya Orang Ditinjau dari Pasal 359 KUHP: Studi Kasus Putusan Perkara No. 952k/Pid/2010 Yudi Anton Rikmadani
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.36

Abstract

The Criminal Code (KUHP) in force in Indonesia, regarding crimes that result in the death of a person is regulated in "Title XII Book II of the Criminal Code which contains two types of criminal acts, namely Article 359 of the Criminal Code in the form of "Because the mistake (culpa) caused the death of a person ”, with the threat of imprisonment for a maximum of five years or imprisonment for a maximum of one year, while Article 360 ​​of the Criminal Code states “Because of his mistake (culpa) causing a person serious injuries or such injuries, so that person becomes temporarily ill or unable to carry out his office. or temporary work. The Criminal Code contains coercive rules for every citizen if he violates these rules or commits a crime, anyone who violates them will face punishment. Moreover, for the perpetrators of crimes that kill other people's lives, and for the perpetrators will be given legal sanctions in accordance with their actions, thus in society will achieve a "Legal Protection", because legal protection can give a sense of security and peace with the existence of "Legal Certainty". Thus "Legal Protection" and "Legal Certainty" are two inseparable sides. Legal protection cannot be felt without legal certainty, on the contrary, with upholding legal certainty, legal protection will be enjoyed by the community.

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