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INDONESIA
Hakim: Jurnal Ilmu Hukum dan Sosial
ISSN : 29876737     EISSN : 29877539     DOI : 10.51903
Core Subject : Humanities, Social,
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Articles 155 Documents
Perlindungan Konsumen Pemilik Barang Atas Kerugian yang Dialami Akibat Terbakarnya Gudang Ekspedisi JNE Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Nailla Rahma; Sudaryat Sudaryat; Deviana Yuanitasari
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1423

Abstract

The case of the burning of the JNE Cimanggis storage branch warehouse, Depok is the focus of this research. After the fire incident, JNE issued a statement of commitment to carry out a compensation process for affected customer goods, which also included damage to property in the surrounding community. This research identifies that consumers who experience losses have the option to file a lawsuit, either through litigation or non-litigation. The litigation process involves filing a lawsuit in civil court, while non-litigation includes an out-of-court approach with the aim of reaching a mutually beneficial agreement. Legal norms in consumer protection function as a legal framework for assessing violations of consumer rights. Although it is hoped to provide a solution, in practice, there are gaps and confusion regarding the implementation of the law, especially when the courts are involved in examining cases that challenge the decisions of the Consumer Dispute Resolution Agency (BPSK), due to aspects of the Civil Procedure Law. Apart from completing non-litigation settlements, consumers can also file a Class Action lawsuit with the court. Class Action is a legal development in Indonesia that allows people to submit or defend their rights collectively through representatives. The results of this research reflect the complexity in guaranteeing the rights of consumers who own goods who suffered losses due to the fire in the shipping warehouse, by emphasizing resistance in the implementation of consumer protection laws and the importance of alternative solutions, including Class Action lawsuits.
Kedudukan Anak Perempuan Dalam Pembagian Harta Warisan Menurut Hukum Adat Timor Dalam Prespektif Gender Di Desa Baumata Kecamatan Taebenu, Kabupaten Kupang Aprilia Yosinta Trinata Tabelak; Sukardan Aloysius; Yossie M.Jacob
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1424

Abstract

Gender's existence today is strongly influenced in every aspect of human life. One of them is the application of gender in customary inheritance law in Baumata Village, Taebenu District, Kupang Regency. This type of research is empirical research conducted in Baumata Village, Taebenu District, Kupang Regency and the data source used is primary data. Primary data is data obtained directly from the research location through direct interviews with respondents. Based on the results of this study is that the Baumata village community still maintains the position of inheritance rights, namely boys are still more dominant in getting inheritance rights but not to get the inheritance rights. The timor community in baumata village still maintains the inheritance rights distribution system because it still adheres to patrilineal culture.
Pengawasan Ombudsman Terhadap Kepentingan Publik Dalam Kaitannya Terhadap Negara Hukum Yang Berdasarkan Pancasila Seri Mughni Sulubara; Amrizal Amrizal
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1425

Abstract

The Ombudsman of the Republic of Indonesia, hereinafter referred to as the Ombudsman, is a state institution that has the authority to oversee the implementation of public services both organized by state and government administrators including those organized by State-Owned Enterprises, Regional-Owned Enterprises, and State-owned Legal Entities as well as Private Bodies or individuals assigned the task of organizing certain public services, some or all of which are sourced from the state revenue and expenditure budget and / or regional revenue and expenditure budget. Public service is an activity or series of activities in order to fulfill service needs in accordance with laws and regulations for every citizen and resident for goods, services, and / or administrative services provided by public service providers. The purpose of this research is to find out the extent of the Ombudsman's role in overseeing professional public interest services. The research method used is empirical legal research. The findings of this study are the existence of public complaints about complicated public service procedures, non-transparent requirements, lack of certainty of costs to be incurred and the period of completion, the attitude of officers who are less responsive and many other service problems, thus creating a negative stigma against public service providers who are uncommunicative, unresponsive, not fast, still accept gratuities and do not provide clarity and comfort to customers. As a result, it needs to be examined further regarding the extent of supervision from the Ombudsman of the public interest in relation to the rule of law based on Pancasila.
Pengaruh Peraturan Menteri Perdagangan (PERMENDAG) Nomor 31 Tahun 2023 terhadap Perkembangan E-commerce di Indonesia Zahra Afina Mahran; Muhamad Hasan Sebyar
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1440

Abstract

The rapid development of technology has affected human life in many fields. Along with the rapid development of technology, buying and selling or trading activities have also developed into electronic commerce or better known as e-commerce. The government's awareness of the potential of e-commerce encourages the government to develop relevant laws, along with the rapid development of e-commerce in Indonesia. This scientific research uses normative research methods, which include analyzing problems by processing data obtained from statutory regulations (statute approach) as a research foundation. E-commerce business actors who will provide services using electronic systems must register and apply for a commercial transaction license through electronic systems. One of the main objectives of the government requiring e-commerce players to register with the electronic system is to protect all stakeholders, including economic actors and consumers. Minister of Home Affairs Regulation Number 31 of 2023 is a new regulation issued by the Minister of Trade, Zulkifli Hasan. The regulation is an amendment to Regulation of the Minister of Trade Number 50 of 2020 concerning Regulations on Business Licensing, Advertising, Guidance, and Supervision of Business Entities Trading Through Electronic Systems and aims to support micro, small and medium enterprises (MSMEs) and business entities. While Minister of Home Affairs Regulation Number 31 of 2023 has certain impacts on sellers and buyers, it also provides them with opportunities to improve business operations and protect consumer interests. The TikTok Shop feature is one of the reasons why the Minister of Trade issued the regulation as it does not have an official license to operate as an e-commerce platform. By complying with existing regulations, businesses can capitalize on the opportunities offered by the e-commerce ecosystem and contribute to building a fair and legal digital business environment.
Implementasi Pasal 30 Ayat 1 UUD 1945: Studi Kasus Peran Warga Dalam Meminimalisir Premanisme Di Kecamatan Jayamukti Muhammad Rezki Hidayah; Muhamad Hasan Sebyar
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1444

Abstract

The phenomenon of criminality, especially street thuggery in Jayamukti Sub-district, Dumai City, Riau, is growing and cannot be denied. The existence of this thuggery gave birth to a group of criminals who committed violence. This thuggery violence can harm the surrounding community, especially in the social and economic fields. One of the factors in the birth of this thuggery is the increasingly difficult economic factors and the higher level of poverty. Thuggery in Jayamukti Sub-district, Dumai City, Riau is increasing due to many factors such as the economy, drugs, online gambling addiction, etc. The purpose of this research is to analyse the efforts of the local government to prevent thuggery. The purpose of this study is to analyse the efforts made by residents in minimising thuggery in Jayamukti sub-district, Dumai City, Riau. This research method uses the empirical juridical approach method, which means reviewing the state of the problem in the field associated with the legal aspects that apply and regulate the problem. The results of the research Thugs in the Jayamukti District area, Dumai City, Riau began to increase in the field of community life. Thugs commit extortion/pollution, brawl, stealing, etc. The role of citizens in minimising thuggery is reporting crimes committed by thugs to the authorities, as well as reducing social disorganisation, etc.
Optimalisasi Peran Pemerintah Daerah Dalam Memberikan Fasilitas Penyelenggaraan Pondok Pesantren di Salafiyah Syafi’iyah Situbondo Dairani Dairani
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1447

Abstract

The birth of the Islamic Boarding School Law Number 18 of 2019 provides a breath of fresh air for the world of education and Islamic boarding school institutions. Apart from the birth of this law, Islamic boarding school institutions have become stronger and juridically legal because they have their own legal umbrella and apart from this, good things will also have an impact on graduates. or students whose legality is recognized and equalized, such as Ma'had Aly, for example. In terms of funding, Islamic boarding school institutions cannot be separated from the government's attention so that in the provisions of Articles 46 and 48, the Central Government and Regional Governments are obliged to participate in providing services and facilitating activities organized by Islamic boarding schools. The local government is also obliged to provide assistance in terms of human resource development in the Islamic boarding school environment, one of which is the object of research for this article is PP Salafiyah Syafi'iyah Sukerjo or commonly abbreviated as P2S3. From the results of this research, it is stated that the independence and development of the P2S3 Islamic boarding school is extraordinary even though previously there was no regional government intervention. It is hoped that the Situbondo Regional Government can immediately finalize the Regional Regulation on Islamic Boarding Schools so that in acting and providing service facilities there are standard procedures and in accordance with the provisions of laws and regulations, especially Law 18 of 2019 concerning Islamic Boarding Schools.
Perdagangan Manusia (Human Trafficking) Transnasional Sebagai Ancaman Keamanan Maritim di Selat Malaka Sartika Sartika; Agussalim Burhanuddin
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1448

Abstract

Human trafficking is a crime that occurs not only in Indonesia. Nowadays, the modes of human trafficking are very varied and are still widespread. The Strait of Malacca, as an international trade route, is the busiest route which actually creates maritime threats such as human trafficking. Most cases of human trafficking involve women and children. The aim of this research is to determine human trafficking as a transnational organized crime that threatens maritime security and involves three coastal countries in the Malacca Strait, namely Malaysia, Singapore and Indonesia. The problem point is at the level of compliance with regulations. Due to the large scale of this crime, the UN or United Nations developed a protocol called Palermo which was later ratified and implemented by Indonesia in Law Number 21 of 2007 concerning the Crime of Human Trafficking. Apart from the regulatory aspect, the resolution of this problem is also through a cooperation forum between ASEAN countries, especially the three coastal countries in the Malacca Strait.
Akibat Hukum dan Upaya Penanggulangan Terlambat Mendaftarkan Akta Kelahiran Anak Ditinjau dari Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan Akris Siluwanus Sanu; Agustinus Hedewata; Helsina F.Pello
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1449

Abstract

The purpose of this research is to analyse the legal consequences and countermeasures for late registration of a child's birth certificate in terms of Law No. 23/2006 on population administration. This research was conducted at the Civil Registration Office, Rote Ndao Regency. This research is an empirical legal research, which is conducted by looking at the reality that exists in field practice. This approach is also known as a sociological approach which is carried out directly to the field. Based on the results of the research conducted, it is found that: (1) The legal consequences of the delay in registering a Child Birth Certificate in terms of Law Number 23 of 2006 concerning Population Administration (Case Study of the Civil Registration Office of Rote Ndao Regency) are that the child does not get legal certainty about himself, does not have legal status as a child and the parents will have difficulties in fulfilling the child's needs in terms of public services. (2) Efforts to overcome the delay in registering a child's birth certificate at the Civil Registration Office of Rote Ndao Regency, namely providing oral policy in the form of convenience in the requirements for making birth certificates, as an effort to overcome obstacles related to the absence of legislation governing child birth certificates.
Upaya Perlindungan Hukum Bagi Santri Pondok Pesantren Al Muhajirin Dalam Mencegah Kasus Perundungan Moh Kamaluddin; Ratih Dwi Pangestu; Sunari Sunari; Wyda Lusiana; Lucius Andik Rahmanto; Ana Indrawati; Lambang Siswandi
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1450

Abstract

Bullying is an act that really lowers a person's self-esteem. There are many cases of bullying, especially in the world of education, including in Islamic boarding schools. The rise of this bullying phenomenon has caused us as lecturers to become concerned and then carry out legal counseling with the title legal protection efforts for students at al Muhajirin Islamic boarding schools in preventing cases of bullying. As for the results, no cases of bullying have been found at the Al Muhajirin Islamic boarding school
Pengaturan Zonasi dan Pengelolaan Pesisir Laut Teluk Kupang dan Implikasinya Terhadap Pembangunan di Kota Kupang Muh. Rezha Rasyid; Kotan Y Stefanus; Hernimus Ratu Udju
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1451

Abstract

The purpose of this research is to analyse the zoning and management of the coastal sea of Kupang Bay and its implications for development in Kupang City. This research is conducted with legal material collection techniques, namely the collection of legal materials from references or literature sources in the form of books, laws, law journals, research-related articles and some from internet sites and other reading sources. The legal materials collected are then analyzed to see the problems related to good faith and processed by drawing conclusions from general problems to concrete problems faced, then presented normatively. The results of this research show: (1) In this study, it has been described at a glance about the various trends of development paradigms, as well as their implications for the development of coastal areas in the era of the establishment of regional autonomy. Although coastal areas generally have strategic potential to become prime movers of regional development, the lack of fulfillment of various strategic prerequisites has led to the insignificant role of coastal and marine-based development sectors in regional development. (2) Zoning arrangements are rules provided to overcome the rigidity of basic rules in the implementation of development. The application of zoning regulation techniques cannot be done immediately, but must be planned from the beginning regarding what techniques will be applied and supported by auditable tools and institutions.

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