cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Maman Suparman
Contact Email
jhdjournal@gmail.com
Phone
+6281294652477
Journal Mail Official
profgayuslumbuunstih@gmail.com
Editorial Address
Jalan Raya Lenteng Agung Barat RT.06 / RW.01, Jagakarsa, RT.6/RW.1, Srengseng Sawah, Kota Jakarta Selatan, Daerah Khusus Ibukota Jakarta 12630 Nama Panjang Institusi : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun Link Institusi : http://www.stih-pgl.ac.id/ Link OJS https://journal.stih-pgl.ac.id/ojs-stih/index.php/jhd email: jhdjournal@gmail.com
Location
Kota adm. jakarta selatan,
Dki jakarta
INDONESIA
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
 1   2   3   4   5 
Analisis Hukum Undang-Undang No. 27 Tahun 2022 Tentang Pelindungan Data Pribadi (Putusan No. 597/Pid.Sus/2021/Pn.Jkt.Pst) Andhika Arthawijaya; Stefanus Laksanto Utomo; Benjamin L. Luntungan
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): 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.v24i1.44

Abstract

The background to this research is based on the problem of changes in the lifestyle of Indonesian people due to the development of information technology. Which causes significant changes in the socio-cultural, economic and legal framework. The main problem is that this change has made the potential for a digital economy to grow which is quite large, but is accompanied by several negative impacts, including threats to citizens' rights and privacy and personal data. The purpose of this study is to find out the legal arrangements for Personal Data Protection in Indonesia, as well as to find out the form of legal protection for Personal Data in the event of a violation of the law in its application in the field. The research method is to use normative juridical research using a statutory approach and a conceptual approach. The data collection method used was literature study and analyzed prescriptively. The conclusions and results of this study indicate that in Indonesia there are several rules governing the protection of personal data. However, these regulations are still not optimal in protecting the confidentiality of a person's personal data. For this reason, preventive and repressive efforts are needed in legal protection if personal data is misused. Preventive efforts, namely legal protection that is preventive before the failure of the protection of consumer personal data which can cause harm to consumers. Meanwhile, repressive efforts in protecting personal data are carried out by involving the role of the government in providing legal protection due to losses suffered by owners of personal data due to failure to protect the confidentiality of their personal data.
Analisa Yuridis Tindak Pidana Narkotika Menurut Pasal 114 Ayat (2) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika JO Pasal 55 Ayat (1) KUHP: Studi Kasus Perkara No. : 353/PID.SUS/2022/PN.JKT.TIM Dienda Syahmada; Zaenal Arifin; Suherman Suherman
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): 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.v24i1.47

Abstract

Narcotics, on the one hand, are drugs or materials that are useful in the field of medicine or health services and the development of science and on the other hand, they can also cause dependence which is very detrimental if they are misused or used without strict and thorough control and supervision; producing, planting, storing, distributing, and/or using Narcotics without strict and thorough control and supervision and contrary to laws and regulations is a Narcotics crime because it is very detrimental and is a very big danger to human life, society, nation and country and Indonesia's national resilience. Based on data from the DKI Jakarta Provincial Narcotics Agency, the number of inmates in Correctional Institutions in DKI Jakarta has reached 70% who are convicted of drug cases, seeing this number where the number of convicts of drug cases almost dominates all Correctional Institutions, we can assume that the drug crime rate in DKI Jakarta is far exceeding the level of crime/other crimes, which is an average of 600 cases per month. Departing from the case above, the problem can be formulated as follows: 1. What are the provisions governing intermediaries for narcotic crimes according to law number 35 of 2009? What are the sanctions against intermediaries for drug crimes according to law number 35 of 2009? In compiling this thesis, the authors use the following methods: 1. Primary data, namely legal materials that are binding, namely in the form of laws relating to capital punishment, 2. Secondary data, namely legal materials that provide an explanation of primary data such as: books, court decisions and others. The conclusions obtained in this research are: 1) The public prosecutor charges the defendant with imprisonment for 7 (seven) years and a fine of Rp. 1,820,000,000.- (one billion eight hundred and twenty million rupiah) subsidiary for 1 (one) year in prison; 2) The Panel of Judges in their decision handed down a 6 (six) year imprisonment and a fine of Rp. 1,820,000,000.- (one billion eight hundred and twenty million rupiah) with the provision that if the criminal fine is not paid then it is replaced with imprisonment for 6 (six) months.
Tinjauan Yuridis tentang Tindak Pidana Penganiayaan Sebagaimana dimaksud dalam Pasal 351 Ayat (1) Kitab Undang-Undang Hukum Pidana: Studi Kasus Putusan No.: 165/Pid.B/2022/Pn.Blt) Akhmad Murthado; D.I Silalahi Pintubatu; Nuno GP Magno
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): 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.v24i1.48

Abstract

In general, criminal acts against bodies in the Criminal Code are called "torture". Persecution regulated by the Criminal Code consists of: a. Persecution based on Article 351 of the Criminal Code which is detailed as: Ordinary ill-treatment, Assault which results in serious injury, Persecution which results in the person's death; b. Light maltreatment regulated by Article 352 of the Criminal Code; c. Premeditated maltreatment regulated by Article 353 of the Criminal Code with the following details: Causing serious injuries, resulting in the death of the person; d. Serious maltreatment regulated by Article 354 of the Criminal Code with the following details: resulting in serious injuries, resulting in the death of the person; e. Serious and premeditated ill-treatment is regulated by Article 355 of the Criminal Code with the following details: Serious and premeditated ill-treatment Serious and premeditated ill-treatment that results in the person's death. The main problem in writing this thesis is what is the basis for the formulation of Article 351 of the Criminal Code as a criminal act of abuse and whether the Panel of Judges correctly considered it in case No.165/Pid.B/2022/PN.Blt. The research method used is normative juridical research, namely by collecting and studying books related to the issues discussed. The authors' conclusions 1) that the basis for the formulation of Article 351 of the Criminal Code is a criminal act of persecution, namely intentionally causing bad feelings (suffering), pain (pijn), or injury. From the facts revealed at the trial, the defendant had assaulted FEBRIANTI RETNO REJEKI and the victim received injuries as a result of post mortem et repertum from the Syuhada Haji Hospital Number 281/RSSH/IV/2022 dated 23 April 2022 and this caused temporary obstacles in carrying out his activities. time; 2) that the consideration of the Panel of Judges in criminal case No. 165/Pid.B/2022/PN.Blt which stated that the defendant's actions were a criminal act of persecution, because based on the facts revealed at trial, all the elements of a criminal act of persecution were indeed fulfilled. Therefore, it is appropriate for the judges' decision to impose a sentence on the defendant. The author's suggestions 1) that if all the elements indicted have been met, it would be better for the panel of judges to decide more than half of the demands of the public prosecutor; 2) The panel of judges must be more careful in providing legal considerations so that the decisions handed down achieve a sense of justice for all parties.
Analisis Hukum Mengenai Delik Penganiayaan yang Terbukti Secara Sah dan Menyakinkan dalam Pemeriksaan Persidangan di Pengadilan Negeri Jakarta Selatan: Studi Kasus Putusan No. : 689/Pid.B/2018/Pn Jkt.Sel Tanfidzan Robbika Murti; Karto Manulu; Yudi Anton Rikmadani
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): 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.v24i1.49

Abstract

In general, criminal acts against bodies in the Criminal Code are called "torture". Persecution regulated by the Criminal Code consists of: a. Persecution based on Article 351 of the Criminal Code which is broken down into: Ordinary maltreatment, Persecution resulting in serious injuries, Persecution resulting in the death of the person; b. Light maltreatment regulated by Article 352 of the Criminal Code; c. Premeditated maltreatment regulated by Article 353 of the Criminal Code with the following details: Causing serious injuries, resulting in the death of the person; d. Serious maltreatment regulated by Article 354 of the Criminal Code with the following details: resulting in serious injuries, resulting in the death of the person; e. Serious and premeditated maltreatment regulated in Article 355 of the Criminal Code with the following details: Serious and premeditated maltreatment, Serious and premeditated maltreatment resulting in the death of the person. Apart from that, it is also regulated in Chapter XX (Abuse) by Article 358 of the Criminal Code, people who take part in raids/attacks are carried out by several people. This is very similar to Article 170 of the Criminal Code because fights are generally the use of violence in public. The main problem in writing this thesis is what is the basis for the formulation of Article 351 of the Criminal Code as a crime of persecution and whether the Panel of Judges has properly considered case No. 689/Pid.B/2018/PN Jkt.Sel. The research method used is normative juridical research, namely by collecting and studying books related to the issues discussed. The authors' conclusions 1) that the basis for the formulation of Article 351 of the Criminal Code is a criminal act of persecution, namely intentionally causing bad feelings (suffering), pain (pijn), or injury. From the facts revealed at the trial that the defendant had abused the victim on behalf of FERI SETIAWAN with the results of the examination namely bruises and abrasions on the nose caused by being hit by a blunt object based on Visum Et Repertum from Zahirah Hospital with No. 306/RSZVER/04/2018 April 14 2018 at around 20.10 WIB who carried out the examination was dr. JOHANES SANTOSO as examining doctor on 14 April 2018; 2) that the consideration of the Panel of Judges in the criminal case No. 689/Pid.B/2018/PN Jkt.Sel which stated that the defendant's actions were a crime of persecution, because based on the facts revealed at trial, all the elements of the crime of persecution were indeed fulfilled. Therefore, it is appropriate for the judges' decision to impose a sentence on the defendant. The author's suggestions 1) that if all the elements indicted have been met, it would be better for the panel of judges to decide more than half of the demands of the public prosecutor; 2) The panel of judges must be more careful in providing legal considerations so that the decisions handed down achieve a sense of justice for all parties.
Kajian Hukum Pembatalan Putusan Pengadilan Agama tentang Perkawinan yang dilakukan dengan Tipu Muslihat berdasarkan Pasal 71 Huruf (F) Kompilasi Hukum Islam (Perkara No. 3617/Pdt.G/2021/ Pa.Dpk) Ruslaini; Zaenal Arifin; Luthfi Gozali
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 1 (2024): 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.v24i1.50

Abstract

Abstract
Kajian Hukum Pembatalan Putusan Pengadilan Agama tentang Perkawinan yang dilakukan dengan Tipu Muslihat berdasarkan Pasal 71 Huruf (F) Kompilasi Hukum Islam (Perkara No. 3617/Pdt.G/2021/ Pa.Dpk) Ruslaini Ruslaini; Zaenal Arifin; Luthfi Gozali
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 2 (2024): 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.v24i2.43

Abstract

On September 22 2019 the Petitioner was proposed by Respondent I to be made his wife and plans for his contract in March 2020. However, with the deception carried out by Respondent I and his family to the Petitioner, the Marriage Book Quotation was published Number: 908.67.XII.2019. date, 13 December 2019 issued by Respondent II without the knowledge of the Petitioner as a prospective bride. Because on that day the Petitioner and his mother as well as his two siblings were invited to Mr. De''s house from Respondent I for a family friendly event as well as visiting his Mrs. De' who was ill. Marriage Book Number: 908.67.XI1.2019 dated 13 December 2019 issued by Respondent II, who has never lived in the same house as a husband and wife and the condition of the Petitioner's virginity is still a virgin. Oh, because it's based on Law no. 1 of 1974 regarding Marriage Oo. Book I Compilation of Islamic Law, the Petitioner still has the right to submit the Petitioner in the case aquo; based on these considerations, it can be concluded that there has been a legal mention for the Petitioner to annul the marriage with the Respondent as intended by the elucidation of Article 71 letter (f) of the Compilation of Islamic Law that a marriage can be annulled if the marriage is carried out by coercion Tries, Grants the Petitioner's request ; Canceled the marriage of the Petitioner and the Respondent which was carried out on December 13 2019 with the excerpt of the Marriage Certificate Number 908/67/XM/2019 dated December 13 2019 issued by the District Office of Religious Affairs xxxx xxxx xxxxx; Declare that the Quote of the Marriage Certificate Number 908/67/XI1/2019 dated 13 December 2019 issued by the Office of Religious Affairs of the District of xxxx xxxx xxxxx has no legal force; Charge the Petitioner to pay the costs of this case in the amount of Rp. 380,000,000 (three hundred and eighty thousand rupiah)
Pertanggungjawaban Hukum dalam Perjanjian Kredit Perbankan terhadap Debitur Wanprestasi Irfan Ridha; Iqhwatul Hanif; Lili Vivian; Melia Triana; Muhammad Irsal; Rafli Ramadhan; Yeni Marlina; Nadla Nadila
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 2 (2024): 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.v24i2.54

Abstract

Humans are social creatures who depend on mutual assistance to achieve their goals. Effective communication is essential to convey one's thoughts and emotions to others. Relationships can also form between individuals and financial institutions such as banks, where individuals have the opportunity to request loans and credit. However, borrowers often fail to fulfill their obligations and as a result face fines for late payments. The lack of self-confidence resulting from these lies makes it more difficult for a person to face the legal consequences of their actions. This investigation focuses on the legal consequences of bank credit agreements and the legal obligations that arise if the debtor fails to pay. This article seeks to provide a thoughtful explanation of the procedures required in recovering a failed debit transaction and the legal obligations that arise as a consequence. The research methodology used is a combination of a normative juridical approach and descriptive elements. The findings of this research are based on legal interpretations of banking laws and the legal responsibilities involved in resolving issues related to failed debit card payments. Mediation is an alternative to direct negotiations between disputing parties, which aims to facilitate resolution. If the mediation process is unsuccessful in resolving the dispute, the next action is to hand the case over to a judge to be resolved according to the agreement between the parties.
Pentingnya Perlindungan Konsumen dalam Transaksi Jual Beli Meriza Elpha; Dwi Sofiani; Ihwatul Hanif; Lili Vivian; Riza Febdillah
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 2 (2024): 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.v24i2.55

Abstract

Buying and selling is a common activity in Indonesian society, and every day there are people involved in buying and selling transactions. Buying and selling refers to a transaction between a seller, who is usually a business actor, and a buyer, who is a consumer. In the buying and selling process, consumers often face problems or losses. Therefore, Indonesia has issued a consumer protection law to protect consumer rights. The problems faced by consumers are not limited to selecting goods alone, but involve more complex problems related to the awareness of all parties, including business actors and consumers, about the importance of consumer protection. The aim of implementing, developing and regulating consumer protection is to increase consumer dignity and awareness. More than that, it also aims to encourage business actors not to abuse their business practices and act responsibly. It is important for consumers to realize that they have rights protected by the Consumer Protection Law, so that they can exercise social control over the behavior and business practices of business actors and the government. This research uses socio-legal research methods that adopt an interdisciplinary approach or a "hybrid" approach that combines aspects of sociological research with a normative approach that applies qualitative analysis. The results of this article state that consumer protection law has great significance in the context of buying and selling activities. For business actors, this law is important because it provides clear guidelines regarding permitted practices and prohibits actions that could harm consumers. Meanwhile, for consumers, consumer protection laws are also important because they provide security guarantees when they are involved in buying and selling transactions
Tinjauan Hukum Kebijakan Pemerintah Pelaksanaan Impor Daging Sapi Luar Negeri Menurut Undang-Undang Nomor 18 Tahun 2009 tentang Peternakan dan Kesehatan Hewan Indonesia Drajad Wahyu Sasongko
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 2 (2024): 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.v24i2.56

Abstract

The dynamics of world life know almost no boundaries, so that people and goods can easily move in a very short time. Various events and conditions that are occurring in a country can be accessed easily and quickly by citizens of different countries throughout the world. Citizens are not only part of a country's community but have also become international citizens who live and thrive in a global atmosphere. The issue of globalization, which has hit various parts of the world, has not only made life easier in various ways, but has also brought problems that are very difficult to overcome in various aspects of life, whether social, political, economic, security and other aspects. Along with the rapid development of information technology, There are never any barriers to communication, so globalization has become a means of providing various conveniences for people throughout the world. Citizens of a particular country do not need to go far or cross oceans to meet and talk with citizens of other countries, whether for economic, social, political or other interests. The aim of this research is to find out the government's policy in implementing beef imports and to find out the government's efforts to overcome the beef shortage. The method used in this research is a normative juridical approach. The normative juridical research method is legal research that uses secondary data sources. As a juridical legal research with the object of criminal law rules, the approach used is a juridical approach, namely a formal juridical and empirical juridical approach. The results of this research reveal that there are three aspects related to this import policy, namely economic competitiveness and cattle farming, market structure and formation of beef prices, and marketing efficiency of local cattle vs. imported cattle. From the results of the discussion of these three aspects, anticipation of future import policies can be formulated. The sustainability of beef cattle agribusiness development cannot be completely left to the formulation of import policies that are considered appropriate. First and foremost, efforts need to be made to revitalize domestic development, especially related to improving the performance and efficiency of livestock/beef marketing. Improving marketing structure and efficiency plays an important role because it will determine the share of the price that farmers will receive, which will ultimately determine the level of technology adoption, productivity and efficiency, as well as the income and welfare of farmers.
Potensi dan Strategi Pengembangan Objek Wisata Alam Air Terjun Lae Une di Kabupaten Pakpak Bharat Nadia Saputri Daulay; Priscillia Febrianty Purba; Pretty Grace Banjarnahor; Siti Fatimah Sari Ritonga; Qriah Br Ginting; Fitriani Lubis
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 2 (2024): 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.v24i2.57

Abstract

Lae Une waterfall is a tourist destination located in West Pak-pak. This waterfall is very rarely visited due to the lack of available facilities. A strategy to develop the Lae Une tourist attraction in West Pak-Pak Regency is very necessary. In developing the Lae Une tourist attraction, there needs to be participation and awareness from the community. Through this, this research uses a data analysis method in the form of qualitative descriptive analysis. Researchers as key instruments, with detailed sampling of data sources. This research was carried out by collecting data on a natural background at Lae Une Waterfall with the aim of interpreting the phenomena that occur and providing ways to develop Lae Une Waterfall into a natural tourist destination.

Page 3 of 5 | Total Record : 50

 1   2   3   4   5 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol 25 No 1 (2025): Hukum dan Demokrasi (HD) Vol 24 No 4 (2024): Hukum dan Demokrasi (HD) Vol 24 No 3 (2024): Hukum dan Demokrasi (HD) Vol 24 No 2 (2024): Hukum dan Demokrasi (HD) Vol 24 No 1 (2024): Hukum dan Demokrasi (HD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)