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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 11 Documents
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Search results for , issue "Vol. 1 No. 1 (2023): February - May 2023" : 11 Documents clear
Pelaksanaan Eksekusi Sita Marital Pembagian Harta Bersama Putusan Nomor 385/PDT.G/2020/Pa.Bkn di Pengadilan Agama Bangkinang Fakhira, Widhah; Rianti, Ratna; Heriyanti , Yuli
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 Berliani, Annisa; Sutrisno, Hafiz; Heriyanti, Yuli
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) Prayoga, Andi; Rianti, Ratna; Heriyanti, Yuli
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 Azmi, Man; Miswar, Miswar; Sutrisno, Hafiz
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 Sinaga, Sangap Mangatur; Heriyanti, Yuli; Sutrisno, Hafiz
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 Haniva, Sophia Al; Awalunnisa, Yuli; Putri, Tria Damayanti; Sakhi, Rakha Fairuz
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; Intan Pratiwi, Maya; Saputra, Rian Prayudi
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).
Tinjauan Yuridis Tindak Pidana Penipuan Social Engineering pada Nasabah Perbankan melalui Aplikasi Chat Whatsapp Nur Hidayah; Amran
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.v1i1.43

Abstract

The aims of this research are: 1) to find out the practice of social engineering fraud on banking customers via the WhatsApp chat application and 2) to find out the legal sanctions against perpetrators of criminal acts of "social engineering" fraud on the WhatsApp messaging application. This research is a normative-juridical research, namely by examining the legal regulations related to targets related to analysis and construction which are carried out methodologically, systematically and consistently. The data that has been collected and processed will be discussed using a qualitative normative method, namely a discussion that is carried out by interpreting and describing the data that has been obtained and processed, based on legal norms and doctrine. The conclusions of this research are as follows: 1) The soceng or social engeneering mode that is usually carried out by fraudsters via the WhatsApp messaging application is: 1. Making Fake Calls (Fake Caller) 2. Digital Wedding Invitations 3. Sending packages 4. Changes in administration rates for savings fees and finally 5. Ticket notification via What'Sapp chat. 2) The threat of sanctions imposed by soceng fraudsters is regulated in Law no. 3 of 2011 concerning Fund Transfers in articles 81 and 82. Meanwhile, in Law 11 of 2008 concerning Information and electronic transactions, article 32 paragraph 2 with criminal threats in article 48 paragraph 2 and finally the Criminal Code in article 362. The suggestion in this research is that users of messaging applications of any kind, whether from social media or messaging such as WhatsApp, to always be careful and increase vigilance regarding all information provided to other parties. For this reason, increasing literacy, especially banking literacy, is needed to prevent cases of soceng fraud.
Analisis Yuridis Perjanjian Pra Nikah Dan Akibat Hukumnya Nur Hidayah; Nurmiati Muhiddin
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.v1i1.44

Abstract

Penilitian ini bertujuan: 1) Untuk mengetahui keabsahan perjanjian pra nikah serta 2) Untuk mengetahui akibat hukum terhadap para pihak dalam perjanjian pra nikah. Data yang penulis peroleh melalui data Primer, aturan-aturan, norma, norma Hukum, dan penelusuran dokumen sedangkan Data penelitian yaitu data sekunder, sumber-sumber penelitian hukum terdiri dari atas dasar bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier (non hukum). Hasil Penelitian menunjukkan perjanjian perkawinan memberikan kepastian hukum sesuai dengan isi Kitab Undang-Undang Hukum Perdata, Undang-Undang Nomor 1 Tahun 1974 tentang perkawinan, dan peraturan pemerintah Nomor 9 Tahun 1975 yang mengatur pelaksanaan Undang-undang Nomor 1 Tahun 1974 tentang perkawinan.  Perjanjian perkawinan atau perjanjian pra nikah adalah perjanjian yang dibuat oleh calon suami dan calon istri sebelum melangsungkan perkawinan. Akibat hukum mengenai perjanjian perkawinan yang ditetapkan setalah keluarnya Putusan Mahkamah Konsitusi tetap berlaku bagi kedua belah pihak suami dan istri yang membuatnya. Akan tetapi apabila dalam prakteknya masih terus terjadi adanya Penetapan Pengadilan menenai perjanjian perkawinan.
Perlindungan Hukum Atas Hak Mendapatkan Royalti terhadap Hak Cipta Karya Lagu di Kota Makassar Asmah; Ichserwanta Syahadat; Muh. Ridwan; Gazali
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.v1i1.70

Abstract

This study aims to analyze the role of legal protection of copyright in supporting the economy of songwriters in Makassar City, while evaluating the contribution of the Yayasan Karya Cipta Indonesia (YKCI) in optimizing the utilization of the economic rights of songwriters in the region. The research locations include Jakarta and Makassar, with a focus on the Head Office of the Directorate General of Intellectual Property Rights, the Office of the Ministry of Law and Human Rights of South Sulawesi, and the Office of the Yayasan Karya Cipta Indonesia. Data collection methods include interviews, observations, and questionnaires. The results of the study indicate that: 1) The government has not provided direct protection for songwriters regarding the receipt of royalties. Current protection is still limited to the implementation of laws and educational efforts to prevent violations. Songwriters need to play an active role in protecting their own rights or hand over the management of these rights to a Collective Management Institution such as YKCI, which is tasked with managing and collecting royalties from users. 2) YKCI has an important role in managing songwriter royalties in Makassar, namely as a collective management institution that collects and distributes royalties to creators. In addition, YKCI also plays a role in taking legal action, both criminal and civil, and demanding compensation if there is a violation of copyright on the songs they manage.

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