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Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Published by Lembaga Pengembangan Kinerja Dosen
ISSN : 30466148     EISSN : 30465680     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora dengan e-ISSN : 3046-5680, p-ISSN : 3046-6148 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh Pusat riset dan Inovasi Nasional, Lembaga Penelitian dan Pengabdian Masyarakat Lembaga Pengembangan Kinerja Dosen. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun: Januari, April, Juli dan Oktober.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 164 Documents
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Analisis Yuridis Insolvency Test dalam Penyelesaian Kepailitan dan PKPU Ditinjau dari UU No 37 Tahun 2004 Billy Jayando Parasian Sinaga; Dewa Gede Pradnya Yustiawan
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.656

Abstract

According to Law Number 37 of 2004 tates that bankruptcy is general confiscation of assets of bankrupt debtor. Those failure to pay debtors commonly beacause of a strain in company's financial condition. The purpose of imposition of bankruptcy is to protect both bankrupt debtor and creditors. In the development of bankruptcy in Indonesia, the regulation of Insolvency test in imposing companies bankruptcy, especially companies with legal status, has not been regulated in Law No. 37 of 2004. Insolvency is the failure to done a financial responsibility in the due date as is appropriate in a company, or the excess of liabilities over assets within certain time. If the debtor has been declared insolvent, the debtor is completely bankrupt and properties will soon be divided. There also has no provision stating that Insolvency Test is a condition for bankrupting a debto. Regulation absence regarding Insolvency Test certainly cause problems for companies that many Indonesia’s companies experience legal bankruptcy. Therefore, author feels it is necessary to do a research related to Insolvency Test which was once applicable in Indonesian Bankruptcy Law, but no longer used, even though the application of Insolvency Test is very helpful for the judge's view in deciding individual or legal entity in a state of bankruptcy in court, and further clarifies the objectivity in bankruptcy judgment.
Penegakan Hukum sebagai Percepatan Pengamanan Lahan IKN Guna Meminimalisir Potensi Konflik di Kawasan Inti Pusat Pemerintahan (IPP) dalam Rangka Keamanan Nasional Tetty Melina Lubis; Tiarsen Buaton; Arief Fahmi Lubis; Parluhutan Sagala
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 1 (2024): Januari : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i1.695

Abstract

This article discusses the importance of law enforcement in accelerating the security of IKN (State Capital) land to minimize potential conflicts in the Central Government Core Area (IPP). Effective law enforcement can help prevent conflicts and ensure national security. This article explores the role of law enforcement in securing IKN land and how this can contribute to national security.
Tinjauan Kriminologi Terhadap Aksi Tawuran Antar Pelajar Akibat Rivalitas Antar Sekolah : Studi Kasus di Polres Kota Pematang Siantar Wulan Harumning; Bisdan Sigalingging
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.771

Abstract

Brawls between students have become a phenomenon that occurs quite often in various regions of Indonesia. Brawls usually occur due to high rivalry between students from two or more schools. This rivalry often boils down to mutual attacks or physical clashes. One of the main causes of high rivalry between schools is the existence of school egos and student gangs. Student gangs in each school usually also want to show their existence and strength by making trouble. This is a form of introducing teenagers that involves students which is increasingly occurring. The research method used in this study is an empirical method that is descriptive, explaining and describing completely the situation that occurs in the community by conducting research directly in the field and analyzing the existence of behavior that deviates from the norms that are not implemented in the environment. The source of research data is in the form of primary legal materials and secondary legal materials. Data collection methods and interview techniques. Factors that affect the cause of violence between students in the city of Pematang Siantar carried out by students usually occur due to disputes between schools and other schools, lack of affection from home (parents) or from the surrounding environment, and even from the influence of friends. Another factor is the influence of social media, because this social media can be very influential and accelerate the dissemination of information and even mobilize groups. Regarding the sanctions that can be imposed on minors who commit criminal acts are in accordance with what is regulated in Law Number 12 of 2012 concerning the Juvenile Criminal Justice System, the first effort made by the Pematang Siantar Police is to seek dissolution first, Then if the child commits a minor or serious crime, the police will seek deliberation by involving the perpetrator and his parents/guardians, victims and/or parents/guardians. In this process, the police will offer diversion or peaceful efforts so that the case does not reach the court.
Analisis Yuridis Penetapan Alasan Pembelaan Terpaksa Berdasarkan Surat Tap-209/M.6.10/Eoh.1/12/2023: Di Kejaksaan Negeri Serang Fikri Dwi Fadillah; Iron Fajrul Aslami; Safiulloh Safiulloh
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.786

Abstract

In the case of a man who killed a goat thief in Serang, Banten, namely the case of Muhyani (58), the prosecutor issued a Letter of Decision to Terminate Prosecution with the Number Tap-209/M.6.10/Eoh.1/12/2023, in which there was an identification of the problem of society still not understanding the Criminal Code regulations regarding the Reasons for Forgiveness in the elimination of criminal acts, so this research aims to 1. Understand the legal perspective on forced defense according to Article 49 paragraph 1 of the Criminal Code, 2. Know the resolution in a case of forced defense (Noodweer) then in the research, namely 1) How is the study of the form of reasons for forgiveness in criminal law in Indonesia?, 2) What are the considerations in determining the existence of reasons for forgiveness in the case of letter Tap-209/M.6.10/Eoh.1/12/2023 in the prosecutor's office and police investigation. In this thesis, the normative legal research method is used through the approach of legislation, cases, and conceptual approaches. then connected with related laws, then analyzed using legal theory, and conducting interviews. Article 49 paragraph (1) of the Criminal Code stipulates that, "No person shall be punished if he carries out an act of forced self-defense for himself or another person, his moral honor or his or another person's property, because there is an attack or threat of an attack which is very close at that time, which is prohibited by law." From the results of the study, the following conclusions were drawn: 1). Reasons for forgiveness fall within the scope of criminal abolition, and in general, criminal abolition is divided into two, namely reasons for forgiveness and reasons for justification. 2). In the case of Muhyani, a goat farmer who killed a thief, the Serang District Attorney's Office determined that the case was declared as a forced defense of his other assets as referred to in Article 49 paragraph 1 of the Criminal Code.
Analisis Hukum Terhadap Jaminan Sertifikat Tanah yang Bukan Milik Sendiri Berdasarkan Perjanjian Pinjam Pakai dalam KUH Perdata Faizal Nurkholis
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.794

Abstract

This research aims to find out and analyze the form of a loan-to-use agreement for a certificate that is not one's own as collateral in the Civil Code and to find out and analyze the role of the collateral recipient in receiving a certificate that is not one's own. This research uses normative legal research, also known as library research, legal research, or legal research instruction, mere secondary data research. Namely examining the law which is conceptualized as legal norms or applicable rules. Data sources were obtained from written sources based on statutory regulations related to the issues discussed. The research results show that borrowing land certificates includes borrowing and not borrowing. However, due to the certificate owner's ignorance, ownership of the land certificate was transferred to the borrower when the owner signed the documents submitted by the certificate borrower. As a result, when the certificate borrower uses the borrowed certificate as collateral, the creditor assumes that the certificate used as collateral belongs to the certificate borrower because the land certificate is in the name of the certificate borrower and the involvement of a third party in guaranteeing land rights can be explained by looking at several articles in the Law. -Law Number 4 of 1996 concerning mortgage rights, namely in article 1 paragraph (2), (3), (4), (6) concerning parties directly involved in mortgage rights, article 4 concerning objects of mortgage rights and article 8 concerning On the subject of mortgage rights, this article appears to provide broad limitations regarding ownership of the land that will be used as collateral.
Penerapan Sanksi Hukum terhadap Pelaku Ekspolitasi Anak Kota Gorontalo Tinjauan Hukum Pidana dan Fikih Jinayah Haikal Fikri Ente
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.795

Abstract

This research aims to find out about the forms of child exploitation that occur in the city of Gorontalo and the application of legal sanctions against perpetrators of child exploitation from the perspective of criminal law and jinayah jurisprudence. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research show that the form of child exploitation that occurs in Gorontalo City is sexual exploitation of children. Sexual exploitation of children is the act of using children for sexual purposes in exchange for cash or other forms between children, buyers of sexual services, intermediaries or agents, and other parties who benefit from transactions involving the child's sexuality. In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it is explained that what is meant by sexual exploitation is any form of use of a child's sexual organs or other bodily organs to obtain profit, including but not limited to on all prostitution and obscenity activities as well as in positive criminal law, especially in article 296 of the Criminal Code, it is explained that "anyone who connects or facilitates obscene acts by another person with another person, and makes it a livelihood or habit, is threatened with imprisonment for a maximum of one year four months and a maximum fine of one thousand rupiah.” Looking at the contents, this article does not discuss or write words about sexual exploitation, but if you examine the contents of the article, it seems that this article can be categorized as an article that discusses sexual exploitation.
Peran Bawaslu Provinsi Gorontalo dalam Penanganan Pelanggaran Netralitas ASN pada Pemilu di Provinsi Gorontalo Monica Cristina Mangolo
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.796

Abstract

This research aims to find out the role of Bawaslu in creating honest and fair elections in Gorontalo Province and how Bawaslu handles violations of ASN neutrality. In this research, the type of research used is normative-empirical research. This type of research is used because of the compatibility between theory and research methods that researchers need in preparing this research proposal. Bawaslu's role in creating honest and fair elections in Gorontalo province is: carrying out outreach and supervision. Bawaslu's form of handling violations of ASN neutrality is to conduct an inspection and forward it to the State Warden Apparatus Commission (KASN). In handling violations of ASN neutrality, Bawaslu receives reports from the public and makes recommendations to KASN if violations are found. "From KASN, a recommendation will then be made to the PPK (Personnel Development Officer). If the KASN recommendation is not implemented by the PPK, then BKN can make a penalty.
Efektivitas Penegakan Hukum terhadap Penjual Kosmetik Ilegal pada Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan di Kota Gorontalo Mohamad Eka Purwanto
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.810

Abstract

This research aims to find out how effective law enforcement is against illegal cosmetic sellers in Law Number 36 of 2009 concerning health in Gorontalo City and what challenges and obstacles are faced by law enforcers in dealing with illegal cosmetic sellers in Gorontalo City. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews.The results of this research show that in enforcing laws related to the distribution of illegal cosmetics, law enforcement officers usually apply Law Number 36 of 2009 concerning Health and Law Number 8 of 1999 concerning Consumer Protection. Apart from that, through BPOM Regulation Number 26 of 2017 concerning the Organization and Work Procedures of BPOM, the Food and Drug Supervisory Agency (BPOM) is at the forefront of the government in fostering and monitoring distribution, quality and licensing as well as Law Enforcement factors in Handling Illegal Cosmetic Sellers in the City Gorontalo, namely legal substance, legal structure, legal culture, facilities and infrastructure, and legal knowledge of the community, need to be studied in more depth so that their influence on the challenges and obstacles in law enforcement for dangerous illegal cosmetic business actors in Gorontalo City can be known.
Kewenangan Penyidikan oleh ANKUM pada Kasus Pidana Militer dalam Menghadapi Tantangan Konflik Kepentingan Internal Andhika Okta Syahbana
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.818

Abstract

Criminal law enforcement in Indonesia involves different procedures between civil society and the military, especially at the investigation stage. In the military context, Law Number 31 of 1997 concerning Military Justice stipulates investigative authority involving superiors who have the right to punish (ANKUM), military police, and prosecutors. However, there is debate regarding ANKUM's authority in investigations, especially regarding professionalism and fairness, because ANKUM does not always have adequate investigative expertise. This research aims to analyze ANKUM's authority in the process of investigating military criminal cases, as well as the challenges of internal conflicts of interest that may arise. The research method used is normative juridical with an analytical and statutory approach. The research results show that ANKUM has an important role in the investigation process, including conducting preliminary examinations, receiving reports, and carrying out detentions. However, ANKUM often faces internal conflicts of interest and limitations in exercising its authority, which can affect the fairness and professionalism of the legal process. The Military Discipline Advisory and Supervision Council (DPPDM) functions to supervise and provide consideration of ANKUM's authority. This research suggests the need for stricter supervision and improvement of the functions of the DPPDM to ensure fair and professional law enforcement.
Perspektif Hukum Islam terhadap Budaya Mangupa Nurfitryani Siregar; Linamayasari Siregar; Irmasuryani Siregar
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 2 (2024): April : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i3.820

Abstract

Mangupa is a traditional ritual that is still preserved by the people of South Tapanuli as a form of gratitude to Allah SWT for success or avoidance of danger. This tradition also aims to return the tondi (soul/spirit) to the body so that a person can return to health. In the Mangupa procession, food is served and "hata pasu-pasu," which is an expression of prayer, advice and hope conveyed by family and traditional leaders. This procession is held at certain moments such as sirian (joy) and siluluton (sorrow), and uses traditional materials that have been determined. This research is descriptive analytical in nature which aims to explain the view of Islamic law regarding the implementation of Mangupa. Through a qualitative approach, the author tries to understand how this ritual is practiced in people's lives and how Islamic law views this tradition. From the research results, the implementation of Mangupa in Paringgonan Village was declared permissible (allowed) as long as it did not contain elements of shirk, superstition, lies or excessive waste. If in the future Mangupa violates religious principles, such as destroying beliefs or causing waste, his legal status could change to makruh or haram. The essence of Mangupa is an expression of gratitude, prayer and advice, which is in accordance with Islamic teachings, so that its practice is still acceptable as long as it does not conflict with the Shari'a.

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