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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 90 Documents
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Pertanggungjawaban Pidana Advokat Tanpa Mekanisme Pemeriksaan Kode Etik Advokat Arif Syaifudin; Suwarno Abadi; Andy Usmina Wijaya
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.548

Abstract

Advocates in carrying out their profession are under the protection of laws, statutes and codes of ethics, which cannot be prosecuted before a court, either civil or criminal, as long as they have good faith in defending the interests of their clients. However, in practice, many Advocates are caught in criminal cases in carrying out their professional duties. The purpose of this study is to analyze and find out the characteristics of good faith referred to in article 16 of Law Number 18 of 2003 concerning Advocates in terms of law enforcement and legal protection for the advocate profession and criminal liability for the actions of advocates in carrying out their professional duties without going through the mechanism of examining the Code of Ethics. . The theory used to analyze is law enforcement theory, legal protection theory, and criminal responsibility theory. The writing method used is normative writing method, by analyzing a legal issue through laws and regulations, literature, and other reference materials. The results of this study are that the work of a legal advisor is a work of trust in good faith to rectify the problems faced by clients whose existence is regulated and protected by law. The criminal responsibility of an advocate who commits a crime in carrying out his profession must be seen from the mistakes made by the advocate so that he is seen as having committed an act that meets the elements of a crime which must be proven first through an examination of the code of ethics. The government and/or legislators must pay more attention to and scrutinize the formation of statutory regulations so that there are no overlapping rules and so that one law does not conflict with another. As well as to strengthen the profession, it is hoped that there will be a need for stricter and more precise rules that can be used as a legal umbrella in professional life.
Analisis Yuridis Terhadap Permohonan Perwalian Anak Yang Tidak Dapat Diterima Oleh Pengadilan Negeri Yang Menimbulkan Kerugian Bagi Anak Nuryanto A. Daim; Suwarno Abadi
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.549

Abstract

A child who is not under the authority of his parents who apparently does not have a guardian, either one person, then in this case the judge can appoint through a court order, namely a guardian at the request of certain parties who have an interest. The exception is when the parents who live the longest include in their will (testament) to appoint or appoint a guardian for their child, then it is called a trusteeship according to a will. Trusteeship is an institution that replaces parental authority over children who have not reached a certain age (age) or are not yet married. The aim of the study was to analyze the basis for the judge's considerations in deciding the civil case Number 134/Pdt.P/2020/PN Prp which stated that it could not accept the application submitted by the applicant, which caused harm to the child. By using normative juridical methods and statutory approaches, concepts and case study approaches, the results of the research found that the basis for the judge's considerations in deciding civil cases Number 134/Pdt.P/2020/PN.Prp stated that they could not accept a request that filed by the applicant, what caused harm to the child was the consideration that during the trial the Petitioner never submitted evidence explaining HS 's heirs, then knowing the fact that there was another person who had arranged for HS 's inheritance certificate, giving rise to suspicion that someone else had become heirs of HS and there is no evidence stating that HS 's heirs other than EV are not willing to become the guardians of EV , so it is not yet possible to determine whether the Petitioner has the legal right to apply for guardianship of EV , therefore the Petitioner's petition cannot be accepted.
Penerapan Hukum Dalam Pertimbangan Hakim Untuk Menjatuhkan Putusan Dalam Perkara Pidana Terhadap Korban Anak Nofan Hidayat; Rihantoro Bayu Aji; Taufiqurrahman Taufiqurrahman
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.550

Abstract

The crimes of sexual abuse against children often use social networks to fool his victims in various crimes. The average victim is a child under the age and the perpetrator is an adult, the crime sexual abuse causes deep trauma for the victim and require a long time to eliminate it to the children. With the absence of law, perpetrators of sexual abuse against children could be criminalized if they meet the elements as stated in the Criminal Code (KUHP) and the Child Protection Act. The method of approach in the research was used is the approach of the law of normative-empirical approach and legislation (statue approach), conceptual approach and the case approach. The results of this study stated that the panel of Judges aggravate the punishment against the Defendant by taking attention to the relationship between the Defendant and the victim as the students and teachers in educational institutions. In the verdict of the trial with the case of the crime of sexual abuse, the Defendant demanded punishment with Article 82 section (1) Jo Article 76E Law Number 35 of the year 2014 concerning amendment to Law Number 23 of the Year 2002 about Child Protection, Jo Article 82 section (4.5) and the article is additional regulation Number 01 of the year 2016 on the second amendment to Law Number 23 of the Year 2002 about Child Protection, jo Law Number 17 of the Year 2016 On the Determination of Government Regulation in Lieu of Law Number 01 of the year 2016 on amendment to Law Number 23 of the Year 2002 On Child Protection with the threat of criminal for 20 (twenty) years and a fine of Rp 1.000.000.000,- this is because the Defendant is an educators/ educators, where should the defendant gave teachings, or education and provide a safe and comfortable against children, especially the victims of the crime of sexual abuse.
Perlindungan Hukum Ketenagakerjaan Bagi Dokter Dalam Hubungan Kerja Dengan Rumah Sakit Brigita Mirna Mahayani; Rihantoro Bayu Aji; Joko Ismono
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.551

Abstract

According to the existing legal relationship, there are three groups of doctors working in hospitals, namely doctors with the status of permanent employees (PNS), doctors with contract status and visiting doctors (attending physician). There is a shortage of permanent doctors, in general private hospitals employ civil servant doctors who work in government hospitals as visiting doctors. Research objectives: To find out and analyze the regulation of the medical profession based on the positive law in force in Indonesia and to find out and analyze the labor law protection for doctors in working relations with hospitals. The type of research used is formative juridical, the research approach used is a statute approach and a conceptual approach. Labor law protection for doctors in working relationships with hospitals is regulated in the work agreement. The work agreement is an entry point for the norms of labor law protection for doctors who are bound by a working relationship with a hospital. The working relationship between doctors and hospitals was born from a work agreement. The work agreement stipulates the rights and obligations of each party signing the work agreement. Work agreements between doctors and hospitals are an autonomous source of law in work relations. The work agreement will be a source of law to be considered in the event of a dispute over work relations between a doctor and a hospital, in addition to the applicable labor laws and regulations.
Perlindungan Hukum Penerima Jaminan Fidusia Atas Barang Persediaan Dengan Surat Perintah Penyerahan (Delivery Order) Sebagai Bukti Kepemilikan Barang Jaminan Rawikara Dhita Sadewa; Nuryanto Ahmad Daim; Joko Ismono
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.552

Abstract

When it comes to trading at the highest level, it cannot be separated from other industries, namely the financing industry, both by bank financial institutions and non-bank financing institutions. At the highest level traders who directly buy and sell with producers in need of substantial funds to make purchases even though their existence makes the purchase price that will be obtained of course be at the lowest level with the number of purchases at the highest level as well, so this is where the role of the financing industry, where financial institutions will support traders by providing loans or credit, of course, with a guarantee of certain repayment. This research uses normative juridical research so that it is expected that from this research the truth can be obtained based on the scientific logic of law from a normative side, especially with the considerations of the panel of judges in deciding case Number 781/Pdt.G.2015/PN.JKT.Sel. The research approach that will be used is the statutory approach (statute approach), concept approach and case approach. The results of this study found that in the Fiduciary UUJF the authors argue that there is no provision related to the guarantee of legal protection for special fiduciary recipients such as recipients of fiduciary guarantees whose fiduciary guarantee objects are not under the control of the owner or fiduciary giver because of the characteristics of a Delivery Order. Order) does not conflict with the provisions of article 1 UUJF.
Penerapan Buy Back Guarantee Bagi Pembeli dan Developer Berdasarkan Undang-Undang Perlindungan Konsumen Dinar Intan Milentina; Suwarno Abadi
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 Arif Bagus Prasetyo; Suwarno Abadi
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 Vina Fajar Dewi; Nuryanto Ahmad Daim
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 Rizky Andaru Setiawan; Joko Ismono
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 Moch. Yusuf Bachtiar; Nuryanto Ahmad Daim
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).

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