Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Articles
281 Documents
<![CDATA[Akibat Hukum Tidak Terlaksananya Kewajiban Pemeliharaan Anak (Alimentasi) Oleh Orang Tua Pasca Putusan Perceraian ]]>
<![CDATA[Ilham Jafar]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Dolot Alhasni Bakung]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.870
<![CDATA[This research aims to find out how child maintenance cases (alimentation) are resolved by parents after divorce in the Gorontalo Religious Court and what the legal consequences are if parents do not carry out their child maintenance obligations (alimentation) after a divorce decision in the Gorontalo Religious Court. This research uses empirical research. This research is research originating from field observations and uses a descriptive qualitative approach. The results of this research show that the case resolution process involves lawsuits, trials and mediation. If mediation fails, the Religious Court issues a decision. However, sometimes the losing party does not comply with the decision. Winners can request execution, including confiscation of property or salaries. In this case, the father is still obliged to support the child after the divorce, but implementation is problematic. Some fathers are reluctant to fulfill this obligation. The Religious Courts play an important role in enforcing this. Research emphasizes the protection of children's rights and law enforcement to fulfill post-divorce livelihoods. Meanwhile, the legal consequences of non-fulfillment of child maintenance (alimentation) by an ex-husband who does not comply with the decision, the party who wins in the trial can submit a request to the Chair of the Religious Court to force the implementation of the decision and carry out the execution. If within a certain time the ex-husband still does not comply with the decision, the winning party can ask for the ex-husband's property to be confiscated, but still pay attention to the father's financial condition.]]>
<![CDATA[Analisis Penerapan Doktrin Business Judgment Rule Terhadap Keputusan Direktur Utama PT Krakatau Steel Tbk Dalam Kasus Pembangunan Blast Furnace Complex ]]>
<![CDATA[Anindita Maharani]]>;
<![CDATA[Nadya Hanifah]]>;
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Deviana Yuanitasari]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.873
<![CDATA[In business activities in the form of a Company, there are often legal problems involving directors as a result of the decisions and policies they make in carrying out their duties and authority in the company. The Board of Directors is one of the most important organs in a Limited Liability Company whose duty is to run the company as stated in Law Number 40 of 2007 (UU PT) concerning Limited Liability Companies. In the event of a loss caused by the decision or policy, the board of directors can be sued personally either criminally or civilly. This research aims to analyze the case of former President Director of PT Krakatau Steel (KS) Fazwar Bujang in making decisions on the construction of the Blast Furnace Complex plant in 2011 which is considered to have harmed the state of Rp 2.3 trillion and USD 292 or up to Rp 6 trillion and has benefited the MCC Ceri consortium, a company from China and PT Krakatau Engineering and others. The first result shows that the business judgment rule doctrine is a concept in corporate law that provides protection to company directors regarding the decisions and policies they make, to ensure that directors can make decisions based on good faith, prudence, and the best interests of the company without having to be personally liable for losses that may arise from business decisions. In Indonesia, the business judgment rule doctrine is only regulated in UU PT, but it has not been regulated in the law completely. Second, in the case of the construction of PT Krakatau Steel's Blast Furnace Complex, the business judgment rule cannot be applied because the business policies taken do not meet the requirements of the business judgment rule stipulated in Article 97 paragraph (3) of the UU PT.]]>
<![CDATA[Penegakan Hukum Terhadap Pelaku Pengedar Rokok Ilegal (Studi Kasus di KPPBC Tipe Madya Pabean A Pasuruan) ]]>
<![CDATA[Imam Hanafi]]>;
<![CDATA[Hariyo Sulistyantoro]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.878
<![CDATA[This phenomenon of illegal cigarette distribution can still be found in the Pasuruan area. The characteristics of illegal cigarettes include, among other things, excise stamps not being attached to cigarette packs, fake excise stamps being attached to cigarette packs and/or affixing excise stamps that do not correspond to their intended purpose. The Directorate General of Customs and Excise has the authority to take action and investigate illegal cigarette dealers in accordance with Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise. The purpose of this research is to determine law enforcement against illegal cigarette dealers in the Pasuruan area by KPPBC Pasuruan. The research method used in this research is empirical juridical. Primary and secondary data were obtained through interviews with KPPBC Pasuruan enforcement and investigation section staff. The data analysis method is qualitative descriptive. The results of this research are that law enforcement carried out by KPPBC Pasuruan cannot be carried out optimally because in its implementation there are obstacles such as widespread distribution of cigarettes and a lack of officers. However, these various obstacles can be overcome with existing efforts.]]>
<![CDATA[Akibat Hukum Tidak Terlaksananya Hak Asuh Anak Pasca Perceraian Orang Tua Di Pengadilan Agama Gorontalo ]]>
<![CDATA[Muhamad Nur Rifaldi Rachman]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.884
<![CDATA[This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court]]>
<![CDATA[Tinjauan Yuridis Dampak Kemitraan Transportasi Online Di Bandar Lampung ]]>
<![CDATA[Angga Alfian]]>;
<![CDATA[Akbar Ramadhan Gumas]]>;
<![CDATA[Nadya Shahnaz Gabriella]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.885
<![CDATA[This research was created to discuss the juridical review of the impact of the proliferation of online transportation partners. Indonesia has experienced an industrial revolution, based on the Big Indonesian Dictionary (KBBI), Industrial Revolution is divided into two words, namely Revolution and Industry. Revolution is change that occurs very quickly, while industry is an effort to carry out production. So in conclusion, the Industrial Revolution is an event that happened very quickly in carrying out production activities which were carried out using technological tools and something produced had added value. The proliferation of online transportation partners is an example of the results of the industrial revolution. There are five important variables to consider when evaluating an ecommerce website: interface, navigation, content, reliability, and technical. An interface is a type of application that connects users and facilitates financial and business transactions for the general public. The user interface provides ease of use for its users. One user interface that is currently popular in Indonesia is Go-Jek, an e-commerce application that makes it easier for users to purchase goods or services, whether transported or not. This research will discuss the impact of Go-Jek according to judicial review.]]>
<![CDATA[Tanggung Jawab Debt Collector Dalam Hal Penyitaan Kendaraan Nasabah Kredit Macet ]]>
<![CDATA[Alfata Fawwazi Muhammad]]>;
<![CDATA[I Made Sarjana]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.888
<![CDATA[The purpose of this study is to find out how the responsibility of a Debt Collector who is confiscating a bad credit vehicle is due to default from the debtor. The Debt Collector who carries out his duties cannot just arbitrarily withdraw the existing vehicle because it must comply with the applicable laws and regulations. Both creditors and debtors have fair legal protection. The debtor who makes a credit must also have the competence so that the credit is paid smoothly. If an act of default occurs, it can be prosecuted through civil law or if there is embezzlement of the motor vehicle used by the debtor, it can be prosecuted through criminal means. This article uses a normative research method whose approach is based on an approach to the legislation in force in Indonesia. Where in this normative research provides a view of how the Debt Collector should work according to the current law. Between the creditor and the debtor, there must be synchronization in carrying out their obligations so that there are no problems that lead to the withdrawal of the vehicle being used by the debtor. The fiduciary law that becomes the guarantor must be better understood by debtors who will make vehicle loans to better avoid the occurrence of the default act itself. Looking at the existing conditions, it is possible that many people who enter into credit agreements do not understand the importance of a law or law that applies in Indonesia. It is possible that if many people understand the law, the Leasing party no longer needs to use the services of a Debt Collector.]]>
<![CDATA[Menilik Kedudukan Hukum Waris Adat dalam Perspektif Hierarki Peraturan Perundang-undangan di Indonesia ]]>
<![CDATA[Ardicha Caterine]]>;
<![CDATA[Irbah Dhiaulhaq Salsabila]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.889
<![CDATA[Inheritance is part of civil law which is a vital part of family law. Inheritance conflicts still often occur in society. Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life. The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens. The kinship system has a major influence on inheritance from customary inheritance law. The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship. The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules. The research uses normative juridical methods which are carried out using three research materials. Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias. Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2). Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force. Indonesia itself does not yet have a national inheritance law. Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.]]>
<![CDATA[Analisis Putusan Majelis Hakim Pengadilan Negeri Balige terhadap Penerapan Hukum Waris Adat Batak dalam Pembagian Hak Waris ]]>
<![CDATA[Guntur Rapi Sanjaya]]>;
<![CDATA[Bima Adi Putranto]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.893
<![CDATA[Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.]]>
<![CDATA[Penerapan Asas Lex Fravo Reo Dalam Sistem Peradilan Pidana Di Indonesia ]]>
<![CDATA[Muhamad Wahyu Andi Zulkipli]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.895
<![CDATA[This study discusses problems related to the application of the lex fravo reo principle in the criminal justice system in Indonesia which focuses on premeditated detention cases committed by former Kadif Propam Polri. Ferdy Sambo, S.H., S.I.K., M.H against his own aide Brigadier Nofriansyah Yosua at the National Police Service house. This study aims to find out why the principle of lex fravo reo is needed in the criminal justice system in Indonesia and how the principle of lex fravo reo differs in the old Criminal Code and in the new Criminal Code. In this study the author used a normative juridical approach. The results in this study show that the application of the lex favor reo principle is very important in the legal system and criminal justice system in Indonesia because it strives for justice to be given equally to defendants where if there is a change in the substance of the criminal law Then the provisions in favor of the defendant apply. The principle of lex favor reo in the old Criminal Code is actually as affirmed in Article 1 paragraph (2) of the old Criminal Code, which emphasizes that if there is a change in the substance of the criminal law, then what is applied is the rule that is most beneficial to the accused. Furthermore, in the new Criminal Code, the principle of lex favor reo is also formulated in Article 3 juncto Article 618 of the new Criminal Code, which in essence is not much different from the formulation of Article 1 paragraph (2) of the old Criminal Code.]]>
<![CDATA[Keputusan Hakim Dalam Pemberian Dispensasi Nikah Di Pengadilan Agama Kota Pati ]]>
<![CDATA[Syahrul Rizqi Ramadhan]]>;
<![CDATA[Dania Maulinda]]>;
<![CDATA[Tarisa Dinar Alifia]]>;
<![CDATA[M. Bondhi Alby Maulana]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i1.899
<![CDATA[Applications for dispensation have increased in recent years in various cities. This happened because of changes to Law no. 1 of 1974 which is considered too low and cause many problems in marriage. Therefore, in 2019 there were changes to the Marriage Law, namely Law no. 16 2019 aims to be an effort to mature in age marriage for women from 16 years to 19 years. One of them is the marriage dispensation at the religious court in Pati City. Applications for marriage dispensations in the city of Pati have increased very drastically. The type of research used by the author is normative law. By using a legal approach and norms that apply in society. The results of research conducted by the author on requests for marriage dispensation. There are factors causing the ineffectiveness of these regulations in the Pati Religious Court, namely the lack of socialization to the community, public awareness, there is still an increase in cases of requests marriage dispensation. Factors that encourage the increase in application cases Marriage dispensations include factors such as social media, environment, pregnancy outside.]]>
