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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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Penyelesaian Sengketa Pertanahan Gedung Olahraga (GOR) Tanjungbalai di Pengadilan Negeri Tanjungbalai Ifni Aqmarina; Irda Pratiwi
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (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.v24i3.18

Abstract

Land holds great importance for all individuals, including personal individuals (natuurlijk persoon) with ownership rights and public entities (rechtpersoon). Both are recognized as legal subjects with land as the object of their legal rights. The significance of land lies in its use for agriculture, settlements, commercial buildings like shops and structures, and other developments. This research focuses on the land dispute resolution process at the Tanjungbalai Sports Hall (GOR) in the Tanjungbalai District Court. The aim is to explore the factors considered by the panel of judges in making decisions on land disputes in the court. An empirical legal research method is used with a case study at the Tanjungbalai District Court Office. This study primarily relies on legal materials such as regulations, supplemented by secondary sources like legal books, and tertiary sources like non-legal books. Non-litigation dispute resolution is necessary to achieve a beneficial resolution for both parties. This applies to all cases brought to the District Court. Mediation or non-litigation dispute resolution aims for the parties to reach mutually beneficial agreements with the assistance of a neutral third party. However, ultimately, the parties themselves make the final decision. The settlement process is carried out through two mechanisms, namely compensation payments. In this case, the applicant demands compensation of 17 million, while the defendant requests 6 million. Despite reports that a budget of 9.6 billion is available, the Tanjungbalai City Government suddenly withdrew and refused to pay the agreed compensation. In deciding this case, the Judge must consider and prioritize the principles of justice, legal certainty, and practicality to reach an ideal, win-win decision that does not burden either party and is well accepted.
Pilihan Politik Masyarakat Melayu Pesisir Pantai di Kecamatan Tanjung Tiram Kabupaten Batu Bara Tahun 2019 Muhammad Rahma Doni
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (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.v24i3.58

Abstract

Political choices are preferences, actions, and individual information processing to make political decisions. Although it is often assumed that political institutions play a major role in public policy making, individuals also have the ability to influence political institutions. Community participation in politics is when an individual or a group of people actively engage in political life, including in the election of national leaders, and directly or indirectly influence government policies, public policy. This research uses a qualitative method (Field Research) that is descriptive by using primary data sources, conducting interviews with the coastal Malay community of Tanjung Tiram, community leaders, Malay Youth, Head of the Batu Bara KPU, and Religious Leaders, regarding the political choices of the Tanjung Tiram coastal community in Batu Bara Regency, the political insights of the coastal Malay community, and the cultural impact of Malay culture on the political choices of the community.
Pertanggungjawaban Notaris terhadap Akta Otentik yang Dibuat Dihadapannya: Studi Kasus Putusan Nomor 247/Pdt.G/2021/Pn Ckr Maman Suparman; Dodi Sudirman
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (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.v24i3.64

Abstract

Notaries in carrying out their duties and responsibilities are required to always apply the principle of caution, this is intended so that notaries can provide the best service to the public, and also notaries who do not apply the principle of caution can be subject to sanctions. The large number of notaries makes the competition among notaries increasingly tight and sometimes makes notaries less careful in carrying out their profession. Therefore, the emergence of this journal as an effort to discuss the main issue, namely how the accountability of a Notary towards authentic deeds made by or in front of them. The type of research used in this study is normative juridical, which is a research method by examining and analyzing secondary data. The research results show that authentic deeds as products of Notaries have very strong legal force as evidence in court, therefore the preparation of authentic deeds must be accountable if there are errors in their writing. Thus, the making of authentic deeds must be accountable.
Perlindungan Hukum terhadap Pembeli yang Beritikad Baik Terkait Jual Beli Tanah dan Implikasinya: Studi Kasus Putusan Mahkamah Agung, Nomor 2943/K/Pdt/2016 Maman Suparman; Panji Pratama
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (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.v24i3.65

Abstract

The issue of buying and selling cannot be separated from everyday community life, and good intentions in buying and selling are crucial factors. This ensures that buyers with good intentions will receive legal protection in accordance with applicable laws and regulations. Good intentions in buying and selling are closely related to land transactions, as land plays a vital role in national development. This raises the question of the position of buyers with good intentions in land transactions carried out by PT Jasa Marga (Persero) and the position of legal entities acquiring land rights. This study uses a normative juridical research method. The position of PT Jasa Marga (Persero) in the purchase of a piece of land under SHM Number 3147 in the name of Dewi Astuti is seen as a buyer with good intentions. Despite the legal defect in the object of the transaction due to the issuance of a certificate based on a fake document, which fails to meet the objective requirements of an agreement, PT Jasa Marga (Persero) is considered a bona fide buyer. Therefore, they should receive legal protection under the prevailing laws. The legal consequences of the ownership of the land acquired by PT Jasa Marga (Persero) through the transfer of rights between Dewi Astuti and PT Jasa Marga (Persero) are invalid. As a legal entity, PT Jasa Marga (Persero) cannot have ownership rights to land in the form of full ownership; a legal entity can only have land rights under certain conditions, such as the Right to Cultivate, Right to Build, and Right to Use as stipulated in Article 30, Article 36, and Article 42 of UUPA Number 5 of 1960.
Penerapan Hukuman Mati Tindak Pidana Korupsi di Indonesia Ditinjau dari Sisi Hak Asasi Manusia Andry Effendy; Nuno Gilherino Pacheco Magno
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (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.v24i3.66

Abstract

The rampant corruption that has plagued Indonesia recently has prompted law enforcement officials to continuously strive and brainstorm hard on how to impose punishments or sanctions that can deter corrupt individuals and those contemplating such despicable acts. Many suggestions and viewpoints have been put forth by observers and legal experts in the country regarding appropriate punishments for corrupt individuals to instill a sense of deterrence among wrongdoers and provide a "shock therapy" for those considering corrupt activities. Various actions have been proposed, such as imposing social sanctions, seizing all their assets (leading to poverty), and even imposing the death penalty on corrupt perpetrators. In the current era of reform, efforts to prevent and eradicate corruption and the corresponding punishments for offenders have evolved alongside the increasing discourse on imposing the death penalty for criminal acts. There are many arguments for and against the death penalty in corruption cases. These differing opinions on the death penalty vary, with some agreeing to set an example and serve as a deterrent to those considering similar actions, while others disagree because they find it unjust and a violation of someone's right to life. In Indonesia, the implementation of the death penalty for corrupt individuals is already regulated by laws and regulations. Article 2 paragraph (2) of Law No. 20 of 2001 regarding the Eradication of Corruption states: "In the event that the act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty may be imposed." Paragraph (1) reads as follows: "Any person who, unlawfully, enriches oneself or others or a corporation to the detriment of the state's finances and economy, shall be punished with life imprisonment or a minimum of 4 (four) years and a maximum of 20 (twenty) years of imprisonment and a fine ranging from at least Rp200,000,000.00 (two hundred million rupiah) to a maximum of Rp1,000,000,000.00 (one billion rupiah).
Tinjauan Sosiologi Hukum terhadap Penyelesaian Talak di Bawah Tangan: Studi Kasus Desa Wakan Kecamatan Jerowaru Kabupaten Lombok Timur NTB Ahmad Fikrul Islam; Zaenal Arifin
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (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.v24i4.45

Abstract

This research is motivated by the findings of researchers in the field regarding the existence of secret divorce processes in Wakan Village, Jerowaru District, East Lombok Regency. In Wakan Village, there are many controversies surrounding the secret divorce settlement. In this study, the researcher aims to understand the process of secret divorce settlement among the community in Wakan Village and the impacts that arise from such secret divorces from a socio-legal perspective. The researcher utilized qualitative research in this study, collecting both primary and secondary data. Data collection techniques involved three stages: observation, interviews, and documentation. The data analysis conducted by the researcher is qualitative descriptive interpretation of the findings presented deductively (general). Subsequently, in the final conclusion, the researcher draws inductive (specific) and systematic conclusions. Keywords: Sociology of Law, Settlement of Divorce Under the Hand
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 4 (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.v24i4.51

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) Keywords: Law of Cancellation of Religious Court Decisions, Marriage
Tinjauan Hukum Pidana Islam terhadap Tindak Pidana Penipuan Nahda Hasibuan; Budi Sastra Panjaitan; Annisa Sativa
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (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.v24i4.52

Abstract

Islam forbids all forms of criminal acts including all forms of criminal acts of fraud. Fraud is a crime committed by someone by lying to other people or deception. When viewed from the point of view of the actions and elements contained in fraud, there are similarities between criminal acts of fraud and criminal acts regulated in Islamic law, namely: ghulul, treason, and lying. The research approach used is normative legal research. The purpose of this research is to find out the views of Islamic criminal law on fraud crimes with the following conclusions: In Islamic criminal law the punishment given to perpetrators of fraud is jariman ta'zir because ta'zir is a punishment handed over to the government (ulul amri) especially the judge who imposed the criminal sentence, the judge can determine the type of punishment according to his ijtihad such as the crime of fraud which has been regulated in Article 378 of the Criminal Code. Keywords: Islamic Criminal Law and Fraud.
Analisis Kealpaan yang Mengakibatkan Matinya Orang Ditinjau dari Pasal 359 KUHP: Studi Kasus Putusan Perkara No. 952k/Pid/2010 Patrice Rondonuwu; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (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.v24i4.67

Abstract

The Criminal Code in force in Indonesia, regarding criminal acts that result in the death of a person in "Title five years or a maximum prison sentence of one year, while Article 360 of the Criminal Code states "Due to his fault (culpa) causing a person to be seriously injured or injured so that the person becomes temporarily ill or unable to carry out his position or work temporarily." When the Criminal Code was formed, conscious negligence was a more serious form than unconscious negligence. This means that the pattern of simple negligence is that people use violations of the law without realizing it at all. He didn't know, didn't think it through first or was wise. But a more serious type of negligence is conscious negligence, that is, if at the time of action the possibility of causing a prohibited consequence was realized, but because of intelligence or the absence of actions to prevent it, it was hoped that this possibility would not arise.
Analisis Yuridis Tindak Pidana Penggelapan berdasarkan Pasal 372 Kitab Undang-Undang Hukum Pidana: Studi Kasus Perkara No. 16/Pid.B/2022/Pn.Pti DI. Silalahi; Khamim Khamim
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (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.v24i4.68

Abstract

The main requirement for an act to be considered a criminal offense is the existence of a rule that prohibits it and is punishable by law for anyone who violates it, with one of the rules contained in the Criminal Code. Criminal liability can occur when there is an error caused by intention, negligence, and the absence of a forgiving reason. In certain offenses, criminal liability can occur before the actual criminal act takes place and the act committed is a realization of part of the criminal liability. An example of the issue is when initially the intention is not categorized as a crime but it can become a crime if the intention changes, such as when we borrow or rent an item to someone for a few days, but on the last day the borrower changes their intention to keep the item. In that case, it can be categorized as embezzlement as in Case No. 16/Pid.B/2022/PN.Pti.

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