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Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Published by PT Pustaka Cendekia Group
ISSN : -     EISSN : 29874475     DOI : https://doi.org/10.70292/pchukumsosial.v2i3.72
Core Subject : Religion, Economy, Humanities, Science, Art,
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial is published by the PT PUSTAKA CENDEKIA GROUP (NOMOR : AHU-012686.AH.01.30.Tahun 2023) in helping academics, researchers, and practitioners to disseminate their research results. PCHS is a double blind peer-reviewed journal dedicated to publishing quality research results in the fields of Law and Social Science. All publications in the PCHS Journal are open access which allows articles to be available online for free without any subscription. Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial is a national journal with e-ISSN: 2987-4475. Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial publishes articles periodically three a year, in May, September, and January. PCTIF uses Turnitin plagiarism checks, Mendeley for reference management and supported by Crossref (DOI) for identification of scientific paper.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 117 Documents
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Pelaksanaan Eksekusi Sita Marital Pembagian Harta Bersama Putusan Nomor 385/PDT.G/2020/Pa.Bkn di Pengadilan Agama Bangkinang Widhah Fakhira; Ratna Rianti; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.1

Abstract

This study discusses the execution of marital confiscation over the distribution of joint assets (juridical analysis of Court Decision Number 385/Pdt.G/2020/PA.Bkn) at the Bangkinang Religious Court, and the obstacles in carrying out the execution in decision Number 385/Pdt.G/2020 /PA. No. The method used is Observational Research through interviews as a data collection tool. This research is analytical descriptive in nature, which provides a clear and detailed description of an event that occurred. The process of carrying out the execution of marital confiscation over the distribution of joint assets based on Court Decision Number 385/Pdt.G/2020/PA.Bkn cannot be carried out because the plaintiff withdrew the application for confiscation of execution. The obstacles faced were that the implementation process cost quite a lot, the selling value of the object of the case decreased due to an assessment carried out by KJPP, if the auction object was sold, an application for the execution of vacancy which costs more was required, and the distribution of the proceeds from the auction was not in accordance expectations and divided into two parts.
Kajian Yuridis Undang ¬- Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum dalam Putusan Mk.50/Puu-X/2012 Annisa Berliani; Hafiz Sutrisno; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.2

Abstract

This study aims to find out how the legal protection of citizens' constitutional rights against land expropriation for the public interest by the state. The formulation of the problem proposed is first, why the applicant filed a review of Law no. 2 of 2012 concerning land acquisition for development in the public interest to the Constitutional Court and second, the basis for consideration of the constitutional judges in the Constitutional Court's decision no. 50/PUU-X/2012 which rejected the applicant's application. Using the research method of juridical normative analysis, with this approach we can describe and describe how the legal protection of citizens' constitutional rights against land expropriation for the public interest by the state. The research data was collected by means of a literature study using a conceptual approach. The results of the study concluded that first, Law no. 2 of 2012 is considered to ignore the interests of the community for the sake of business interests by certain groups so that the state is considered to have legalized the seizure of people's land which will cause the lower class people to suffer and secondly, the applicant's arguments have no legal basis. According to the Constitutional Court Judge, although the state provides opportunities for the private sector to be able to participate in fulfilling the public interest, the state can still determine policies related to the public interest, for example in setting toll rates managed by the private sector, so that the private sector cannot fully determine road tariffs by themselves. the toll road that is the investment of the person concerned. This study recommends the need for improvements and reforms in drafting the law should consider more input from the community, especially those who will be affected by the regulation, so that there are no lawsuits from the community.
Penyelesaian Sengketa Klaim Asuransi Kehilangan Kendaraan Bermotor pada Masa Kredit (Studi Kasus di PT. Capella Dinamik Nusantara Kabupaten Kampar) Andi Prayoga; Ratna Rianti; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.3

Abstract

There are two formulations of the problem, how to resolve a dispute on insurance claims for motorvechicles loss during the credit period at PT. Capella Dinamik Nusantara with what are the obstacles and obstacles in making insurance claims for insurance claim for motorized vehicles that are lost during the credit period, this study aims to detemine the settlement of insurance claims for loss of motorvehicles during the credit period at PT. Capella Dinamik Nusantara and to find out the obstacles and obstacles in making insurance claim for motorized vehicles that are lost during the credit period, this research method is a qualitative descrptive field research by taking a legal approach, namely the status approach, (case approach approach, historical approach(historical approach). The data used include statutory regulations as primary legal materials, books, journals, scientific publications as secondary materials, and dictionaries as teertiary legal materials.the results of the first study were based on an analysis conducted by comparing the laws and regulations, namely Law Number 40 Of 2014 Conceming Insurance, Article 246 of the KUHD, then with Law of Article 1 Paragraph (1) Number 8 of 1999 conceming Consumer Protection. Asuransi Astra Honda is required to pay the premium for claims submitted by the doctor, then mediation is carried out to obstacles in making insurance claims, the debtor’s lack of thoroughness in reading and understanding the contents of the initial agreement, which results in different interpretations, negligence in driving by the insured due to non-fulfillment of the requirements for motorized vehicle documents.
Perlindungan Hukum bagi Hak Pilih Pemilih Khusus Berdasarkan Peraturan Komisi Pemilihan Umum Nomor 9 Tahun 2019 tentang Pemungutan dan Penghitungan Suara pada Pemilihan Umum di Kabupaten Kampar Tahun 2019 Man Azmi; Miswar Miswar; Hafiz Sutrisno
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.4

Abstract

Legal protection in the sense that in addition to guaranteeing individual rights, must also determine the procedural way to obtain protection of the rights guaranteed to be one of the constitutional rights of citizens who have been recognized as part of human rights. Special Voter List is a list of voters who have a resident identity qualified as voters but have not been registered with the Permanent Voter List. Is the Protection of Special Voter suffrage Law in Kampar Regency in 2019 in accordance with Election Commission Regulation No. 9 of 2019 on Voting and Counting of Votes in General Elections. What are the Constraints of the Kampar District Election Commission in providing Special Voting Rights Legal Protection. What is the Form of Protection of Special Voter suffrage Law based on General Election Commission Regulation No. 9 of 2019. This type of research is the obesity of the field by way of survey. The nature of this researcheris adescriptive method. The ineffectiveness of Special Voters votes an hour before voting ends. If there is intentionalityor negligence that harms the suffrage of Indonesian citizens, Bawaslu conveyed the findings to be followed up by the Election Commission.
Penyelesaian Wanprestasi pada Perjanjian Sewa Beli Sepeda Motor Bekas di UD.MBS-Motor Sangap Mangatur Sinaga; Yuli Heriyanti; Hafiz Sutrisno
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.5

Abstract

The need for transportation is very important both for transportation of school children and even for business purposes. One of the transportation needs is a motorbike. For some people the need to own a motorbike can be fulfilled easily but for some it is still difficult because of economic limitations. As a result of the community's purchasing ability in cash is reduced, then there is a sale and purchase in installments with a lease and purchase agreement, which can cause default problems. settlement of the price of the goods that have been mutually agreed upon and which is bound in an agreement and the ownership rights to the goods are only transferred from the seller to the buyer after the total price has been paid in full by the buyer to the seller. at UD. MBS-Motor, namely: What are the factors that cause default in the motor vehicle rental agreement and what is the form of settlement of the default in the used motorcycle rental agreement at UD. MBS-Motor. This research was conducted using the observation method by collecting data by direct question-and-answer interviews with debtors who defaulted and samples were taken randomly as much as 10% of the sample population, and data collection was also carried out by interviewing parties. company. From the direct research results obtained several factors that cause default, namely socio-economic factors and the existence of bad faith from the debtor. Problem solving in the motor vehicle rental agreement at UD. MBS-Motor usually uses two methods, namely by deliberation to reach consensus, and by court lawsuits, but in practice it often uses the deliberation and consensus method, because it is considered more effective and less complicated, unless the tenant really does not want to be responsible for the mistakes that have been made he did.
Analisis Pengaruh Inflasi terhadap Kebijakan Fiskal di Provinsi Banten Sophia Al Haniva; Yuli Awalunnisa; Tria Damayanti Putri; Rakha Fairuz Sakhi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.17

Abstract

In a country, it is normal for a country to have dynamics or turmoil in every sector, especially in the economic sector. The economic sector in every country can be said to be at risk, because the economy is like the tides and ebbs of the sea, due to economic turmoil that is not always stable. In the province of Banten there was an economic upheaval in several consumption goods such as food, beverages and tobacco. In 2010 the increase in inflation was mainly driven by an impact on rising food prices in general, continuing in 2011 and 2012 the rate of inflation was controlled because of the strategy carried out by the government by fulfilling the supply and distribution of food. Furthermore, in 2013 and 2014, the inflation rate increased again, this is dominated by global economic problems that affect the increase in energy and food prices in international markets. The government took firm steps, by implementing energy reform policies in an effort to ease the tax burden and reallocate the supporting expenditure budget to a more productive expenditure budget. Furthermore, in 2015-2016, inflation was successfully suppressed by the government supported by the stability of the rupiah exchange rate which was a factor in controlling the inflation rate this year. Likewise in 2017, the inflation rate remained under control, this was supported by controlled prices, demand and supply. Furthermore, in 2019-2020 the inflation rate was still under control until the Covid outbreak hat attacked Indonesia also had an impact on Indonesia's Economic Inflation. Based on the monitoring results of BPS Banten Province, inflation of 1.12% increased from the Consumer Price Index (CPI) of 111.58 in August 2022 to 112.84 in September 2022. In September 2022, September 2022 inflation was 4.85. 5.86%. In 2022, the inflation rate is expected to meet the inflation target. The government together with Bank Indonesia have a strategy and concept in an effort to deal with inflation. There are 4K concepts of strategy, including affordability, delivery availability, smooth distribution and effective communication.
Pelaksanaan Eksekusi Pengosongan Lahan Yang Telah Berkekuatan Hukum Tetap Di Wilayah Hukum Pengadilan Negeri Bangkinang Syahrial Syahrial; Maya Intan Pratiwi; Rian Prayudi Saputra
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.30

Abstract

Execution is a matter of carrying out a court decision which has permanent legal force. The court verdict that is being executed is the one that has substance order to one of the parties to pay some money or in other case the implementation of the judge’s decision that has ordered to empty fixed object, while the losing party does not want to implement the decision voluntarily so that it requires coercive effort from the court to implement the following matter. Therefore, the land clearing execution in accordande to the civil court decisions that have permanent legal force at Bangkinang District Court is the real execution as well as an execution of some money payment in accordance with the applicable provision. The obstacles within the execution of land clearing of civil case decisions that have permanent legal force at the Bangkinang District are various such as the executed wealth does not exist, the decision’s trait is declarator, the object of execution in the hands of third-parties, execution of the tenants, the object being executed were guaranteed to the third-parties, the land to be executed has no clear boundary, the change in the status of land to state land, the object of execution is abroad, two decisions are different from each other, and for the last, the execution of shared assets. The efforts made in the execution of land clearing of civil case decisions that have permanent legal force at the Bangkinang District Court are ordinary legal efforts divided into resistance (verzet), appeals, and also cassation while the special legal remedies are divided into judicial review (civil request) and the resistance from a third party (derdenverzet).
Analisis SWOT Potensi BUMDes Mitra Sejahtera Desa Sikapat Raden Rifqi Dwi Santo; Joval Ifghaniyafi Farras
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i1.32

Abstract

This article discusses the strategy for developing Mitra Sejahtera Village-Owned Enterprises (BUMDes) in Panggang Village with a focus on empowering Micro, Small and Medium Enterprises (MSMEs). Suhuat Village, although rich in natural potential, faces a number of challenges in optimizing its potential. Through the application of SWOT Analysis, this research investigates the internal strengths, operational weaknesses of BUMDes, as well as external opportunities and threats amidst the social and economic dynamics of Suhuat Village. The aim is to provide an in-depth understanding of the condition of BUMDes Mitra Sejahtera, to identify effective strategies for exploiting local potential, overcoming internal obstacles and facing external challenges. Research methods involve literature studies, interviews, document analysis, surveys, and field observations. The results of the SWOT analysis highlight the success of BUMDes in managing natural potential, MSMEs, and collaboration with external parties. The conclusion emphasizes the importance of management training, development of facilities and infrastructure, as well as closer collaboration with the government and related parties. This article is a reference for policy makers and researchers who are interested in empowering the local economy through BUMDes, which can contribute to sustainable development at the village level.
Analisis SWOT Potensi Desa dan BUMDes Kedarpan Joval Ifghaniyafi Farras; Raden Rifqi Dwi Santo
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i1.33

Abstract

SWOT analysis (Strengths, Weaknesses, Opportunities, and Threats) is a critical strategic planning tool for evaluating the potential of villages and Village-Owned Enterprises (BUMDes) in Indonesia. BUMDes is a government initiative in empowering the economy of village communities, utilizing local resources to encourage rural entrepreneurship. This article highlights the results of a SWOT analysis of BUMDes in Kedarpan Village, showing that development prospects have not been optimal in various time periods. SWOT is used to formulate BUMDes management strategies, accelerate development, and improve performance during the COVID-19 pandemic. Kedarpan Village has agricultural and MSME potential which includes superior products such as white pepper and snacks made from cassava. BUMDes, such as Village Internet and chicken farms, play an important role in managing natural resources and empowering communities. This article concludes the need for BUMDes management training and further activities from the village government in building communication networks with external parties. Recommendations involve developing human resource competencies, marketing management, and collaboration with other parties to support sustainable management of Kedarpan Village and BUMDes.
Analisis Manfaat Dan Urgensi Dana Pelangakahan Dalam Perkawinan Suku Jawa Dan Suku Sasak Eka Syafrina Monica; Herlina Hanum Harahap
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i1.34

Abstract

There are differences in terms of the naming and practice of marriage initiation funds between the Javanese and Sasak tribes. There are different concepts between the two in terms of practice, of course due to the different social and cultural backgrounds between the Javanese and Sasak tribes. The benefits and urgency are the benchmarks for how important it is to do it and become a custom. In this research, the research methodology used is library research and uses a sociological approach to help the author analyze the benefits and urgency of marriage transition funds. The results found that the funds for marriage steps between the Javanese and Sasak tribes had similarities and differences. The similarity is that this is done to honor or respect and ask permission from the sibling being stepped on, and the step can be in the form of money or other objects. Meanwhile, the difference is in practice, in the Javanese tribe, the person who is stepped over is either an unmarried female sibling or male sibling who is given the step, whereas in the Sasak tribe only unmarried older brothers are given the step. The Javanese tribe's step process has more procedures than the Sasak tribe. The Sasak tribe's concept of giving a handover is from the prospective husband to the unmarried brother of the prospective wife, whereas in the Javanese tribe the handover can tend to be from the younger sibling to the sibling's older brother/sister. The benefit and urgency is to respect each other and avoid misunderstandings, as well as carrying out the customs and culture of each tribe so that they are preserved and the stepping goods are only an entertainment for the person who steps over.

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