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Law and Humanity
Published by Universitas Wijaya Putra Surabaya
ISSN : -     EISSN : 29879191     DOI : 10.37504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Magister Hukum (Law and Humanity) Universitas Wijaya Putra adalah media publikasi online khusus keilmuan di bidang hukum baik hukum pidana maupun hukum perdata bagi para pakar, akademisi, praktisi, pejabat negara, lembaga swadaya masyarakat, dan pemerhati hukum tata negara untuk menyebarluaskan hasil penelitian atau kajian konseptual tentang konstitusi dan topik-topik hukum tata negara yang belum dipublikasikan di tempat lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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Penerapan Buy Back Guarantee Bagi Pembeli dan Developer Berdasarkan Undang-Undang Perlindungan Konsumen Milentina, Dinar Intan; Abadi, Suwarno
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.578

Abstract

Housing is one of the needs that must be met by all people in the world, both in developing and developed countries, in addition to food needs, proper housing certainly influences the formation of the nation's personality so that they can socialize well in society. Every year the need for houses as a place to live or occupancy is increasing due to the increasing population both in rural and urban areas. Basically, fulfilling housing needs is the responsibility of each community itself, but the state helps the community to obtain and provides convenience in obtaining housing through housing developers. Housing developers or developers who have built their homes can sell to debtors with a gradual cash payment system and Home Ownership Credit (KPR), a gradual cash payment system. For KPR, a credit agreement can be signed which contains the approved credit value and the credit loan repayment period. The credit agreement made must be known by the housing developer or developer, which can be in the form of a private deed, or a deed drawn up before a notary or land deed official.
Urgensi Undang-Undang Penilai Dalam Memberikan Perlindungan dan Kepastian Hukum Bagi Penilai Prasetyo, Arif Bagus; Abadi, Suwarno
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.579

Abstract

The preamble of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) mandates the objectives of forming the Government of the Indonesian State. These objectives include the protection of the nation and all the blood of Indonesia, as well as the progress of public welfare, national education, and contributions to world order based on independence, eternal peace, and social justice. One of the efforts to achieve these objectives is by building the national economy as a collective endeavour based on the principle of togetherness. Article 33 of the 1945 Constitution regulates the national economy with economic democracy, the principles of togetherness, just and efficient justice, sustainability, and environmental awareness. The implementation of the fifth principle of Pancasila in economic development is stipulated in Article 33 paragraphs (1)-(5) of the 1945 Constitution. The Valuer profession plays a crucial role in supporting the national economy, providing economic value, and being an important institution in economic administration. However, the existence and role of Valuers also bring risks, such as legal claims against the opinions they produce. Clear norms and complaint mechanisms are needed to maintain the independence of Valuers. The current economic development process focuses on increasing productivity through diversification and technological innovation. The Valuer profession is rapidly growing in both the government and private sectors, including banking, capital markets, financial reporting, insurance, and land procurement. However, regulations related to the Valuer profession are scattered across several laws, which require clearer arrangements to ensure legal certainty and order. Therefore, legal protection in the form of regulations within the law is necessary to guarantee the important role and independence of the Valuer profession in supporting national economic development.
Dinamika Penolakan Penjabat Kepala Daerah Dari Pusat di Kalimantan Tengah Dalam Perspektif Politik Hukum Dewi, Vina Fajar; Daim, Nuryanto Ahmad
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.580

Abstract

The dynamics of rejection of the Acting Regional Head in Central Kalimantan, namely Acting. South Barito Regent and Acting. West Kotawaringin had caught the attention of the public in Central Kalimantan. This is none other than because the Governor, based on suggestions from the public, has submitted several suggestions for names of local sons who will occupy these positions. However, as a result, the Central Government decided to drop the name as Acting. South Barito Regent and Acting. Regent of West Kotawaringin. This event is interesting to study in the perspective of legal politics. This study was conducted using a normative legal approach that uses data sources from positive law supported by several references in print and online media. The results of the study show that the dynamics of resistance that occurred at that time lasted very briefly and the central government showed dominance in the appointment and appointment of acting regents. This will certainly be a record for the local people of Central Kalimantan that the spirit of democracy has been harmed by the Central Government. Community participation and proposals only apply as accessories in the current government's legal politics.
Kepastian Hukum Kreditur Preferen Dalam Upaya Parate Executie Perjanjian Fidusia Menurut Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Setiawan, Rizky Andaru; Ismono, Joko
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.581

Abstract

Fidusia comes from the word fides means belief. Juridically, the Fiduciary Giver has transferred his material rights to the Fiduciary Giver gives the Fiduciary Giver the right to control the fiduciary guarantee object. Based on UUJF, it has been regulated to the execution of the Fiduciary Guarantee Object if the giver of fiduciary fails to promise by the execution of the executorial title. Through the decision of the Constitutional Court Number 18/PUU-XVII/2019 that in order to carry out an execution if the debetor does not wish to voluntarily submit the Fidicuary Guarantee Object, it must be requested to the Chair of the Court and the determination of breach of contract must have an agreement between creditors and debtors or through legal remedies. Then questioned the legal certainty of preferred creditors in the efforts of the parate executie. This legal research is a normative legal research. The analytical method for this type of normative legal research is a prescriptive method using a statute approach and a case approach. This study aims to determine the legal certainty of preferred creditors in the efforts of parate executie of the fiduciary agreement based on UUJF and the legal consquences and judges’ considerations which are the basis for deciding the case application for the Constitutional Court Decision Number 18/PUU-XVII/2019. The result of the research conclude that legal certainty legal certainty has been stated in UUJF for creditors by executing Fidicuary Guarantee if the debtor fails the promise. The certainty is included in order to “Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa” means it has the same executorial power as court decision has obtained permanent legal force. However, in reality the execution process cannot be carried out automatically. so that the execution process becomes longer and it is quite difficult to achieve the executive parate. The Constitutional Court emphasizes on an agreement on when the breach of contract between creditors and debtors occurs so that creditors can carry out the parate executie. So that it is often used by the Fiduciary to take refuge in the interpretation of the Constitutional Court, which is actually the default clause agreed in the agreement.
Urgensi Penetapan Hakim Atas Permohonan Itsbat Nikah Sebagai Solusi Memperoleh Hak Identitas Hukum Bachtiar, Moch. Yusuf; Daim, Nuryanto Ahmad
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.582

Abstract

Marriage without a marriage certificate will have many consequences related to the various rights of the wife and the right to provide for the children born from her mother's womb, both material and immaterial that must be received in marriage, as well as rights to property owned while in the marriage. Marital life itself, as well as matters relating to rights relating to third parties. Such a marriage situation will experience problems when dealing with marriage documents as authentic proof of marriage. In this context the breakthrough of itsbat marriage law which was never found in Law Number 1 of 1974 was appreciated by the Compilation of Islamic Law / KHI precisely in the provisions of article 7 paragraphs (1), (2), (3) and technically formulated by the procedural guidelines chapter in PA/Society, that the rules for legalizing marriage/itsbat marriage, are made based on marriages held based on religion or not being recorded by the authorized VAT. Responding to the legal needs of Muslims regarding ownership of a marriage book, namely for married couples who are married religiously but whose legal certainty is doubtful in the eyes of the law. The itsbat marriage referred to in this study is the legalization of marriages by the Religious Courts according to their respective jurisdictions. The determination of itsbat of marriage by the Surabaya religious court is very urgent for legal certainty of husband and wife marriages that have not been registered at the Office of Religious Affairs (KUA).
Perlindungan Hukum Tenaga Kesehatan (Penata Anestesi) Setelah Terbitnya Undang-Undang Kesehatan Nomor 17 Tahun 2023 Wahyudiono, Gunawan; Ismono, Joko; Daim, Nuryanto A.
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.605

Abstract

Anesthesiology services and intensive therapy in hospitals are part of health services that are developing rapidly in line with improvements in science and technology in the field of anesthesia. Law no. 17 of 2023 concerning Health provides a glimmer of hope that there will be a solution to meet the needs of specialist/subspecialist doctors in various regions. The formation of Law Number 17 of 2023 concerning Health has proven to cause obstacles. The regulations tell how hospitals as an extension of the minister, provincial government and district/city government should act, how to respond and what sanctions there will be. However, the existence of anesthesia practitioners who practice without STRPA and SIPPA is an indication that the law is not working optimally in society.
Implementasi Perdagangan Karbon di Indonesia Pasca Terbitnya POJK Nomor 14 Tahun 2023 Tentang Bursa Karbon Ariyanti, Suci; Abadi, Suwarno; Taufiqurrahman, Taufiqurrahman
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.606

Abstract

POJK Number 14 of 2023 on Carbon Exchange is the Government's effort to create a carbon trading arrangement through a carbon exchange. Previously, the government issued two regulations related to carbon trading, namely Presidential Regulation Number 98 of 2021 and Minister of Environment and Forestry Regulation Number 21 of 2022. However, it turns out that these regulations still have weaknesses. This research is a normative legal research. The results show that after the enactment of POJK on Carbon Exchange, there are still weaknesses where the basis of paid-up capital as a carbon exchange organizer is exactly the same as the stock exchange rules listed in Article 3 POJK 3/2021. This provision is considered to make the carbon exchange exclusive. In addition, several rules in POJK 14/2023 such as the form of carbon trading is securities, so there will be delisting, even though carbon has no such thing as disappearing or delisting. In addition, Article 27 related to the terms and procedures of carbon exchange organizers must meet the principles of openness, access, and equal opportunity contradicts the definition of carbon as securities. This is because if the form of carbon exchange has become securities, then those who will enter will also be stock exchange players. Therefore, this regulation does not explain who can be involved in carbon trading other than the organizers. Individuals, cooperatives, communities, NGOs can be involved in carbon trading or not.
Kepastian Hukum Mengenai Penetapan Tersangka Untuk Kedua Kalinya Oleh Penyidik Pemberantasan Korupsi Prasetiyo, Leo Dwi; Aji, Rihantoro Bayu
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.607

Abstract

The background of writing this journal article is the second time the determination of a suspect against Ilham Arief Sirajjudin (Petitioner), the former mayor of Makassar by investigators from the Corruption Eradication Commission (KPK). Previously, the Corruption Eradication Commission named the Petitioner as a suspect, but the Corruption Eradication Commission lost in pretrial because it named the Petitioner as a suspect but did not fulfill at least 2 valid pieces of evidence according to the Criminal Procedure Code. Therefore the pretrial judge granted the Petitioner's request and declared the KPK's determination of the suspect invalid with decision number 32/Pid.Prp/2015/Pn.Jkt.Sel on (Pretrial volume 1). Then, after the Pretrial Appellant was granted by the pretrial judge, several days later, the KPK again named the Petitioner as a suspect. However, the Petitioner again carried out pretrial efforts with one of his petitions namely that the Petitioner had won in the previous pretrial and the decision was final and binding on all parties, so if the KPK again named the Petitioner as a suspect it would create legal uncertainty for the Petitioner. However, in pretrial volume 2, the pretrial judge did not grant the Petitioner's request on the grounds that the KPK had determined the Petitioner according to procedure. And finally the Judge rejected the Petitioner's Pretrial with decision number 55/Pid.Prp/2015/Pn.Jkt.Sel. In the Pretrial Decision of the South Jakarta District Court Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn.Jkt.Sel there are two legal issues that the author will raise in this journal article In this case, the first problem is related to the determination of a suspect for the second time by Corruption Eradication Commission investigators against someone whose pretrial has been granted in relation to the principle of legal certainty. The second legal issue is related to the principle of Ne bis in idem in the Criminal Code which is linked to decisions Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn .Jkt.Sel regarding the determination of the suspect for the second time against someone. The purpose of writing a journal article to be achieved is to analyze the determination of a suspect for the second time by KPK investigators against someone who has been granted a pretrial based on the principle of legal certainty. Then the second objective is to analyze the existence of the Ne Bis In idem principle in the Criminal Code by pretrial decision regarding the determination of the suspect to return for the second time against someone. The conclusions drawn based on the writing of this journal article are first, the determination of a suspect for the second time against someone who has been granted pretrial by KPK investigators does not conflict with the principle of legal certainty, because pretrial is purely administrative or formal in nature. Therefore, if the investigator is still convinced that the person has committed a crime, the investigator can re-establish that person as a suspect through the correct legal procedures. The second conclusion, the principle of ne bis in idem in the Criminal Code does not apply to pretrial decisions regarding the determination of a suspect for the second time against someone, because pretrial is administrative (formal) in nature, namely it only has the authority to examine and decide legal matters, not forced efforts and provide protection of human rights in a person at the level of investigation and prosecution and not examining matters at the time of trial or the main case.
Pembaruan Pengaturan Pidana Demi Eradikasi Praktik Prostitusi Assyifa, Lilia Safitri; Sitaputri, Kamila Maharani; Indradjaja, Nobella; Chamdani, Chamdani
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.608

Abstract

The rapid technological advancement nowadays accelerates the spread of various forms of information, including information regarding prostitution practices. Meanwhile, from a legal perspective, a complete regulation on prostitution practices is at its minimum, and thus the impacts of the prostitution practices affect health aspects and drives social turmoil in the community. This research aims to review regulations related to prostitution practices, especially in the applicable criminal law in Indonesia, and propose factors that emphasizes a law reform, so that in the future, prostitution practices may be handled more thoroughly. This research uses a normative method, with secondary data that includes literary research and reviews on laws and regulations as well as an analysis method that uses a prescriptive technique. The conclusion resulting from this research reveals that in reality, several regional regulations have regulated prostitution practices, but nationally, there has not been any regulation that strictly regulates prostitution practices. The suggestions proposed by the researcher for the future is in a preventive and repressive form, which are clear limitations of prostitution practices, criminal act reform for pimps, criminalization for commercial sex workers (PSK), the use of double-track system in imposing sanctions, criminal act formulation, and criminal aggravation.
Perlindungan Hukum Bagi Konsumen Dalam Kasus Gagal Bayar Klaim Asuransi Di Indonesia Kushertin, Juli; Abadi, Suwarno; Daim, Nuryanto A.
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.609

Abstract

Good corporate governance or better known as Good Corporate Governance is a value system that is a benchmark for a company's ability to carry out operational activities and business processes in a healthy manner. The Financial Services Authority (OJK), which was formed in accordance with Republic of Indonesia Law Number 21 of 2011, is not running effectively and is considered to have been negligent in its supervision process, resulting in actions involving deviant practices such as corruption and money laundering in the case of PT Asuransi Jiwasraya consumer failure to pay. Law enforcement in order to guarantee that the public gets their rights, consumers who fail to pay PT Asuransi Jiwasraya (Persero) have found a solution through restructuring. So that urgent changes can be implemented ably by the state, financial sector reform Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector exists as legal protection. Legal protection is carried out to restore trust. Legal protection is the state's effort to compile the achievements of the Indonesian Long Term Development Plan (RPJPN) 2025-2045 as part of legal development. The aim of the research is to determine law enforcement and legal protection from criminal acts of corruption in the financial sector which operates in the insurance sector, case study PT Asuransi Jiwasraya which has a progressive legal correlation of asset confiscation. The type of research, problem approach, theory used is normative legal research with a statutory approach with a conceptual approach. The theory used to analyze is the basic theory of Lex Specialis Derogat Legi Generalis. The research results show that the application of law and corporate legal protection from criminal acts of corruption in the Jiwasraya case study is intended to provide legal certainty and legal protection to help maintain the image of good government.

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