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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 6 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial" : 6 Documents clear
Rekonstruksi Hukum Ekonomi Syariah dalam Perspektif Maqashid Al-Shari'ah Laylatul Istiqomah, May
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.125

Abstract

The reconstruction of Islamic economic law is essential in addressing the dynamics of global economic development and the evolving needs of Muslim societies. This article aims to re-examine the normative and operational foundations of Islamic economic law through the lens of Maqashid al-Shari'ah, in order to establish a more inclusive, just, and contextual economic system. By employing a library research method and qualitative analysis, The findings of this study indicate that the reconstruction of Islamic economic law through the Maqashid al-Shari’ah approach is not merely a methodological necessity, but an epistemological imperative to address the complexities of global economic dynamics and the challenges faced by contemporary Muslim societies. Maqashid serves as a normative compass that balances text and context, as well as formal legality and substantive justice. By positioning maqashid as the foundation of reconstruction, Islamic economic law can be transformed into a system that is not only shari’ah-compliant but also socially transformative eliminating inequality, protecting rights, and establishing a progressive, solution-oriented, and universally beneficial Islamic economic order. Maqashid al-Shari’ah offers a constructive framework for adapting Islamic economic law to contemporary issues such as economic digitalization, financial inclusion, and consumer protection. This approach expands the scope of ijtihad within Islamic economic law without compromising the fundamental principles of shari’ah. The implication of such reconstruction is the strengthening of regulations grounded in the substantive values of Islam, rather than mere normative textualism.
Peran Badan Pertanahan Nasional dalam Penyelesaian Tumpang Tindih Penguasaan Kepemilikan Tanah di Kecamatan Bulango Utara, Desa Tuloa, Kabupaten Bone Bolango Agustin Ali; Nirwan Junus; Nurul Fazri Elfikri
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.127

Abstract

Land conflicts, particularly overlapping claims of land ownership and control, represent a structural issue that continues to recur in Indonesia due to population growth, technological advancement, and the increasing complexity of development. This study aims to analyze the role of the National Land Agency (BPN) in resolving overlapping land ownership cases in Tuloa Village, North Bulango District, Bone Bolango Regency. The research employs an empirical legal approach, collecting data through interviews, field observations, and document analysis, including land regulations and BPN archives. The findings reveal that the primary causes of overlapping land claims are the lack of physical boundary maintenance and changes in ownership status due to inheritance. BPN plays a role in document verification, mediation, and handling complaints, although it faces challenges such as staff rotation and a weak documentation system. The resolution of land disputes in Tuloa Village was achieved through a familial approach involving deliberation, facilitated by the village government and BPN, resulting in a mutual agreement on land division. The implications of this study highlight the need to strengthen BPN’s institutional capacity, enhance public legal awareness on land issues, and improve the administrative system to prevent similar conflicts in the future.
Tanggungjawab Perusahaan PT. Sritex terhadap Pemenuhan Hak Pesangon Karyawan yang di PHK Deby Fatria Ntobuo; Weny Almoravid Dungga; Mohamad Hidayat Muhtar
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.128

Abstract

This study aims to analyze the legal responsibility of PT Sritex in fulfilling severance pay for employees who experience termination of employment (PHK) due to the company's bankruptcy. The method used is the normative legal research method, namely a method that relies on the analysis of laws and regulations, legal doctrine, and literature relevant to the subject matter. Data sources were obtained from primary legal materials such as the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 6 of 2023 concerning Job Creation, as well as secondary legal materials in the form of books, scientific journals, and other academic writings. The analysis was carried out qualitatively to examine and formulate legal arguments regarding the company's obligations in guaranteeing workers' normative rights. The results of the study show that PT Sritex is legally obliged to provide severance pay to workers who are laid off, as regulated in the principles of contract law, the principle of justice, and national statutory provisions. This obligation remains in effect even though the company is bankrupt. In addition, international norms such as the UN Guiding Principles and ILO conventions reinforce the importance of corporate commitment to fulfilling basic workers' rights ethically and sustainably. This study has limitations because it has not explored empirical realities in the field. Therefore, further research is recommended to explore aspects of the implementation of corporate responsibility directly and form a more adaptive legal protection system in situations of economic crisis.
Penerapan Prinsip Restorative Justice pada Perkara KDRT di Tingkat Penyidikan Penyelidikan Kepolisian dan Tingkat Penuntutan Kejaksaan Putri H. Yassin; Fence M. Wantu; Irlan Puluhulawa
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.129

Abstract

This study was conducted to analyze the implementation of Restorative Justice (RJ) in handling Domestic Violence (DV) cases at the Bone Bolango Police Resort and the Bone Bolango District Attorney’s Office, with a focus on differences in considerations, procedures, and effectiveness. The research method employed a qualitative empirical approach through in-depth interviews with investigators and prosecutors, field observations, and analysis of legal documents. The results indicate that the Police tend not to apply RJ during the investigation stage due to regulatory limitations (Perpol No. 8/2021) and case complexity, whereas the Prosecutor’s Office is more flexible (based on Perja No. 15/2020), taking into account social impact and the principle of opportunity. RJ has proven effective for mild DV cases if the victim and perpetrator reach a peace agreement, but it requires strengthened regulations and victim protection. The study’s implications emphasize the importance of an ideal RJ model based on three principles: reparation of loss, perpetrator accountability, and community involvement, along with recommendations for officer training, establishment of community RJ Houses, and public outreach.
Disparitas Putusan Hakim Terhadap Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Potale, Mutiara; M. Wantu, Fence; Apripari
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.130

Abstract

This study aims to analyze disparities in judges' rulings regarding defamation crimes through social media by comparing Verdict No. 21/Pid.Sus/2020/PN.Lbo (3 months imprisonment) and No. 45/Pid.Sus/2022/PN.Lbo (4 months conditional sentence), using normative legal research methods through comparative analysis of verdicts. The results show that although both cases share similar legal elements under Article 27 paragraph (3) of the ITE Law, with defendants being first-time offenders who expressed remorse, there were significant sentencing disparities in terms of penalty types (immediate vs. conditional) and duration. The findings reveal that these disparities are influenced by three main factors: (1) the flexibility of the ITE Law which lacks minimum sentencing guidelines, (2) judges' subjective considerations based on Article 5 of the Judicial Power Law that account for societal justice values and trial facts, and (3) individual defendant characteristics such as age, legal history, and reconciliation efforts. The study concludes that sentencing disparities result from complex interactions between the ITE Law's unclear sentencing boundaries, judicial discretion, and personal defendant factors, necessitating clearer sentencing guidelines in the ITE Law and more measurable judicial considerations to establish legal certainty.
Tinjauan Yuridis terhadap Sistem Pembelian Properti di Indonesia Studi Kasus: PT Agung Sedayu Group Elisabeth Niuflapu; Wilma Silalahi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.131

Abstract

This study aims to examine the legal aspects of the property purchase system in Indonesia with a focus on the practices implemented by PT Agung Sedayu Group as one of the leading property developers. The property purchase system in Indonesia still faces various legal challenges, ranging from legal certainty of land rights, legality of sale and purchase agreements, to consumer protection. Through a normative legal approach and case studies, this study analyzes applicable regulations such as Law Number 5 of 1960 concerning Basic Agrarian Principles, the Consumer Protection Law, and implementing regulations related to licensing and property sale and purchase transactions. The results of the general study indicate that although in general PT Agung Sedayu Group has complied with applicable legal provisions, there are still several aspects that need to be improved, especially related to transparency of information to consumers and the mechanism for resolving settlements. This study encourages enforcement of regulations and supervision of developers and increasing consumer legal awareness in property transactions.

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