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Advokasi Hukum & Demokrasi
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : -     EISSN : 30250862     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Other
Advokasi Hukum & Demokrasi (AHD) adalah Jurnal ilmiah dengan fokus dan skop penelitian dan pengabdian masyrakat bidang 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 dua kali dalam satu tahun yaitu pada bulan Agustus dan Februari. Jurnal Advokasi Hukum & Demokrasi (AHD) melakukan proses peer review secara tertutup pada naskah yang diterima. E-ISSN 3025-0862
Arjuna Subject : Ilmu Sosial - Hukum
Articles 32 Documents
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Pengalihan Hak Atas Tagihan Atas Nama atau Cessie yang Berkepastian Hukum Lemta , Benjamin; Iryani, Dewi; Aji , Puguh
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i1.53

Abstract

Debt and credit transactions are common occurrences in business activities. Often, debtors are unable or have not yet fulfilled their obligations, while creditors need immediate funds even before the due date of their receivables. In such cases, Civil Law provides a solution through the institution of "cessie," which is the Transfer of Rights to a Claim. However, the legislation governing cessie is still limited, as it is only addressed in Article 613 of the Civil Code (KUHPerdata), and even that does not comprehensively regulate the matter, leading to disputes that may escalate to court. Article 613 of the Civil Code lacks sufficient provisions for the implementation of cessie, as it only states that the transfer of cessie must be done through an authentic deed or a private document and will only be legally effective against the debtor if it has been notified to them. However, it does not specify who should make the notification, when it should be made, and how it should be done, resulting in legal uncertainty. This research adopts the Juridical Normative method, utilizing two approaches: the Statute Approach, which examines all relevant laws, and the Conceptual Approach, which involves studying legal doctrines and opinions from experts in law. The Transfer of Rights to a Claim (Cessie) transaction has not provided legal certainty for all parties involved, including the cessus (debtor), cedent (transferor), and cessionaris (transferee). This is evident from court decisions in various cases that show inconsistency in how notification is made to cessus. Whether of whether notification is sufficient when done by the cedent or the cessionaris, whether through regular mail or the Court Bailiff's writ, remains unsettled.
Analisis Hukum terhadap Pelaku Aborsi menurut Pasal 75 Ayat (2) Jo Pasal 194 Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan: Analisis Putusan Nomor:482/Pid.Sus/2021/Pn.Ckr Arifin, Zaenal; Chandra, Mochamad Haris
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i1.59

Abstract

Aborsi has always been a hot topic, especially regarding abortion provocatus criminalis, which is increasingly common in modern society and industries experiencing globalization. What is the criminal responsibility of abortion perpetrators based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health? To find out the legal responsibility of the perpetrator of an abortion based on Article 75 paragraph (2) in conjunction with Article 194 of Law No. 17 of 2023 concerning Health. There are also medical records that are useful in determining something related to a doctor's actions. Medical records have a very important function and role in the health sector, including in law enforcement efforts, especially proving malpractice cases in the medical field. The police should be more careful in handling abortion cases and perhaps this can be done by approaching teenagers by providing education about the dangers of having an abortion, the negative impacts of promiscuity, and the police should be able to work together with doctors or midwives who know about abortion and if Any teenager who comes to a doctor or midwife to have an abortion should be reported to the police.
Kejahatan Pengedaran Uang Kertas Palsu menurut Pasal 245 KUHP: Studi Kasus Putusan Perkara No. 695k/Pid/2009 Manulu, Karto
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i1.60

Abstract

The circulation of counterfeit money is not a simple, independent event, but is the result of various factors which coincidentally become a phenomenon that is very detrimental to all parties involved and also detrimental to the country in improving development. The circulation of counterfeit money is not a simple, independent event, but is the result of various factors which coincidentally become a phenomenon that is very detrimental to all parties involved and also detrimental to the country in improving development. In connection with the above, Law no. 1 of 1946 Articles 9 and 10 and also uses the mandate of the Criminal Code, especially Article 245 regarding the circulation of counterfeit banknotes in Indonesia. The basis for issuing the law is because money is a legal means of payment and is issued by Bank Indonesia and money as a means of exchange that has a fixed price can help a person fulfill various needs and achieve life goals that are considered important. However, in practice, the circulation of counterfeit money increases every year.
Penerapan Unsur Tindak Pidana dengan Pemberatan Berdasarkan 363 Ayat (1) Ke-4 dan Ke-5 KUHP: Studi Kasus Putusan No. 65/Pid.B/2012/PN.Pwr Halida, Reny; Sasongko, Dradjad Wahyu
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i1.61

Abstract

The recent rise in crime which is very disturbing to the public occurs all the time in the territory of the Republic of Indonesia. Mitigation and prevention efforts have been carried out, but until now there is still crime, the root causes of crime have not been optimally addressed. One form of crime that often occurs in society is theft. Seeing the current state of society, it is very possible for people to look for shortcuts by stealing. The mass media and electronic media show that the frequent occurrence of theft crimes of various types is motivated by inadequate living needs. As theft increases, other forms of theft also develop. That the correct application of articles based on the Criminal Code (KUHP), regarding aggravated theft, is that if all the elements of Article 363 paragraph (1) 4th and 5th, and so that they fall into the category of aggravated theft, then the perpetrator The theft must consist of more than two or more people and each must act as an author or participate in carrying it out as regulated in Article 55 of the Criminal Code, rather than one of the perpetrators only acting as an accessory as regulated in Article 56 of the Criminal Code.
Analisis Gugatan Cerai Istri kepada Suami menurut Undang–Undang No. 16 Tahun 2019: Studi Kasus Putusan Nomor 2455/Pdt.G/2018/Pa.Jt Rikmadani, Rd. Yudi Anton; Suprobo, Teguh
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i1.62

Abstract

Marriage is an important part of human life because it involves relationships between people. Law No. 16 of 2019 adheres to the principle that prospective spouses must be mature in both body and soul in order to carry out marriage to achieve the goal of marriage well without ending in divorce and to have good and healthy offspring. Therefore, there is a minimum age limit for marriage so that both partners are physically and mentally ready to move forward in marriage. Although the age limit is clearly regulated, in reality, many marriages occur below the minimum age. This leads to many divorce cases due to not being physically and mentally ready for married life.
Kebijakan Penegakan Hukum Pidana dalam Penanggulangan Perjudian Online Ditinjau dari Undang–Undang Republik Indonesia No.19 Tahun 2016 tentang Informasi dan Transaksi Elektronik Luntungan, Benjamin Lemta; Sahid, Muhammad
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 1 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.63

Abstract

This journal is titled Criminal Law Enforcement Policies in Combating Online Gambling Reviewed from the Republic of Indonesia Law Number 19 of 2016 concerning Information and Electronic Transactions. The rapid technological advancements today provide a great opportunity for criminals to commit crimes. Online gambling offenses have now entered the Internet world, known as online gambling. To reduce the level of criminality in online gambling, it is necessary to understand the law enforcement policies in combating online gambling offenses and the obstacles law enforcement face in addressing these crimes. This journal uses a descriptive normative legal research method, which aims to describe rather than test hypotheses. There are two approaches to combating online gambling: preventive measures involve providing warnings and monitoring the online world using the Internet, while the second approach, repressive measures, involve capturing, processing, taking to court, and imposing criminal sanctions in accordance with Article 45 paragraph (2) of the ITE Law, Article 303, and Article 303 bis of the Criminal Code. Based on the research findings, the author suggests: 1. The need to enhance law enforcement capabilities by upgrading IT-based technological knowledge. 2. Law enforcement officials are encouraged to be more proactive in combating online gambling offenses. In the case of online gambling, authorities can potentially block online gambling sites on a large scale, which would help minimize existing issues.
Pengaruh Hukum Adat terhadap Hukum Kewarisan Islam di Indonesia Maman Suparman; Andi Achmad Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.70

Abstract

Islamic law experts since classical times have actually been aware of the problem of the influence of customary law on Islamic law. Even though they do not view custom as an independent source of law, these legal experts still recognize the effectiveness of custom in the process of legal interpretation. In the methodology of Islamic law (ushul al-fiqh), custom ('uruf/adah) is accepted as a source of law developed from the rational mind (ra'yu) in addition to qiash, ikhtihsan and istislah. In other words, customary law has a place in Islamic law as long as it does not conflict with the sources of revealed law, namely the Qur'an and Hadith. Acceptance of customs on the basis of public benefit is always considered a necessity for operating the Islamic legal system which is always required to be able to reconcile various interests and solve problems that arise in society and far from the birthplace of the Islamic legal system. This journal writing uses a normative juridical approach method. With the result that a harmonious relationship between Islamic law and customary law had existed long before the Dutch colonialists set foot on the archipelago. Dutch colonial legal politicians who always sharply contrasted Islamic law with customary law were not supported by the realities of society.
Wanita, Keluarga dan Hak Asasi Manusia dalam Islam Zaenal Arifin; Moh. Romli
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.71

Abstract

There are two relationship among three elements of woman, household ang human right in Islam. First relationship reflecting the woman between household and carrier. A woman (wife) has right and opportunity to realize her carrier with on necaligence of function and consequences (in household) as also man/husband is obliged to carry on his function as social people/member who permanently paying attention to function of his family/household. Furthermore, second relationship reflecting the woman with her human right such as no difference of man and woman are merely to worship Allah. Almighty, right to divorce husband and the others relating to the human right.
Otonomi dan Pembangunan Daerah; Sebuah Kajian Teoritis Zaenal Arifin; Nuno Guil Hermino Pacheco Magno
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.72

Abstract

Regional development and autonomy is two achievement today. The aim and effort of development can be realized well, it is necessarily needed that regional development also endeavor to develop and strengthening regional government. Most important development element to rise regional autonomy, that is institutional capacity and preparation of manpower provided espedially apparatuses of regional government and local finance to exploit income recources of own region. Enchaneement of institutional structure of regional government is necessarily implemented trought: (I) development of structure and functional position, (II) ranking of carrier and duty which is needed and (III) simplication of government for relationship of development in region strata I and II. The other viewpoint, grassroots democracy will rise when democracy is supported by hearted participation of people and based on consciousness of right and obligation as citizen of a state in Unity which favorably enchancement of own initiative and knowing national diversity.
Makna Sentralisasi, Desentralisasi, Dekonsentrasi, dan Medebewin dalam Otonomi Daerah di Indonesia Zaenal Arifin; Drajat Wahyu Sasongko
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.73

Abstract

All this time latter, there is tendency that the interpretation of regional or local autonomy is used by the concerned authority to launch manpower of arrogance over his local power to against central government psychologically. Meanwhile he arises vested interest of the powerful authority where people would be sacrificed. So this problem must be expressed in mind by every official either in region or in central government because the existence of regional/local autonomy merely for people, not opportunity to disintegrate unitary state of Republic of Indonesia, but constitutes responsive reality of unifotmily and regional/local sources and resources which must be utilized in mazimum either for advancement or development regionally and actually in frame of unity of Indonesia.

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