Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
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.
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117 Documents
<![CDATA[Analisis terhadap Implementasi Hukum Dagang Internasional dalam Perdagangan Indonesia Studi Kasus pada Perjanjian Perdagangan Bebas Asean-China ]]>
<![CDATA[Rama Yanti]]>;
<![CDATA[Hudi Yusuf]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i1.36
<![CDATA[The ASEAN-China Free Trade Agreement (ACFTA) has posed significant challenges, benefits, and impacts on Indonesia's trade. In terms of challenges, the implementation of ACFTA has introduced several obstacles, including intensified competition with imported products from China, which could threaten certain domestic industry sectors. The use of qualitative methods is relevant because of its focus on gaining a deep understanding of the implementation of international trade law in Indonesia, using ACFTA as a case study. The objective of this research is to understand how the implementation of International Trade Law, particularly in the context of the ASEAN-China Free Trade Agreement (ACFTA), influences Indonesia's trade policies. The outcomes of this research are strategic steps needed to maximize the benefits of free trade with ASEAN and China while safeguarding domestic industry interests. Successful regional economic integration will bring significant economic benefits to all involved parties and strengthen economic cooperation in Southeast Asia.]]>
<![CDATA[Analisa Audit Internal Terhadap Kinerja Keuangan Berdasarkan Literatur Review Terindeks Sinta ]]>
<![CDATA[Rina Mulyani]]>;
<![CDATA[Oktianasekar]]>;
<![CDATA[Denadya Putri Wijaya3]]>;
<![CDATA[Annisa Putri]]>;
<![CDATA[Tio Pratiwi]]>;
<![CDATA[Rachmat Agus Santoso]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i1.38
<![CDATA[This study aims to discover the consistency in previous research indicating the positive influence of internal audit on company financial performance. Qualitative methodology with a literature review approach is employed to strengthen arguments with information collected from articles published in national journals. The research identifies several factors influencing the relationship between internal audit and financial performance, including management roles, financial reporting quality, and external environmental factors that can moderate this relationship, providing a more comprehensive understanding of the impact of internal audit on company financial performance.]]>
<![CDATA[Kasus Fidelis Ditangkap dan Ditahan atas Kepemilikan Batang Ganja untuk Pengobatan Sang Istri Ditinjau dari Aliran Realisme Hukum ]]>
<![CDATA[Syahrial]]>;
<![CDATA[Maya Intan Pratiwi]]>;
<![CDATA[Rian Prayudi]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i2.42
<![CDATA[Legal realism is a school that does not agree with the existence of precedents (the existence of ties between a judge's decision and previous judge's decisions in dealing with similar issues). And understanding legal realism views the law as an advocate views the law. For an advocate, the most important thing in looking at the law is how to predict the outcome of a legal process and what the future holds for these legal rules. The school of legal realism actually hopes for the role of judges in realizing justice, so that in certain cases judges do not always adhere to the provisions contained in legislation only (rule-responsive), they also need to look at the situation that actually occurs in practice (fact-responsive). In this case, it seems that the judge took into account the existence of legal realism by assessing the facts that prompted Fidelis to commit a crime (possessing 39 marijuana stalks) for the treatment of his wife, so the judge imposed a sentence on Fidelis that was far from the minimum threat. And criticism of the school of legal realism was also raised regarding matters relating to its views on the judicial process. In this case, criticism is raised against the Normative statement and the concept of "logic", whereas the realist emphasis is only on difficult cases. Keywords: Ownership of Marijuana Stems, Treatment of the Wife, Legal Realism]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Penipuan Social Engineering pada Nasabah Perbankan melalui Aplikasi Chat Whatsapp ]]>
<![CDATA[Nur Hidayah]]>;
<![CDATA[Amran]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v1i1.43
<![CDATA[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.]]>
<![CDATA[Analisis Yuridis Perjanjian Pra Nikah Dan Akibat Hukumnya ]]>
<![CDATA[Nur Hidayah]]>;
<![CDATA[Nurmiati Muhiddin]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v1i1.44
<![CDATA[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.]]>
<![CDATA[Tinjauan Yuridis Perlindungan Hukum Terhadap Penggunaan Dompet Digital (E-Wallet) Dalam Sistem Pembayaran Di Indonesia ]]>
<![CDATA[Nur Hidayah]]>;
<![CDATA[Asbullah]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i1.45
<![CDATA[This research aims to determine the form of use of Digital Wallets in the payment system in Indonesia and to determine legal protection for the use of digital wallets in Indonesia. This research uses normative legal research methods. The use of normative research methods in research efforts and writing this article is based on the suitability of theory with the research methods required by the author. 1) Electronic Wallet Operators provide services in the form of online transaction payments so that the process becomes more practical, faster and cheaper. Electronic Wallets are equipped with various features to facilitate online transactions between consumers and business owners or between business actors (B2B). In the mechanism, the Electronic Wallet will be filled in by consumers (deposits) via their banking account with the desired nominal value. Then, if the consumer makes a transaction, the Electronic Wallet will be debited according to the nominal transaction. When making a deposit, this Electronic Wallet can be filled via several payment methods, namely via credit card, mobile banking, internet banking, ATM, debit card, corporate internet banking, branchless banking agent, online virtual account, and Electronic Invoice Presentment & Payment ( EIPP ). and 2) Dana e-wallet users who suffer losses due to non-compliance with the services they receive can take out loans for their losses legally through court or outside court in accordance with the provisions of the Consumer Protection Law.]]>
<![CDATA[Alternatif Penyelesaian Sengketa Luar Hukum Bagi Inventor Terhadap Pelanggaran Moral Hak Cipta Lagu Dalam Hak Ekonomi ]]>
<![CDATA[Yapiter Marpi]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i2.49
<![CDATA[Copyright is an exclusive right that gives rewards to the creator in the form of economic rights and moral rights. Moral rights are rights inherent in the creator's personality which are basically carried out to respect the creator's creativity by including his name in the creative work. Legal protection for musicians regarding copyright in paying royalties as well as resolving disputes regarding the use of song works without paying royalties. Easy access to information and technology often provides opportunities for netizens to access copyrighted works without including the name of the creator. In this research, there are two problems examined, namely moral rights in the copyright protection system and resolution of moral rights disputes in copyrighted works. Moral rights consist of the right for the creator to continue to include or not include his name on the copy in connection with the use of his work for the public, to use his alias or pseudonym, to change his work according to appropriateness in society, to change the title and sub-title of the work; and defend their rights in the event of distortion of the Work, mutilation of the Work, modification of the Work, or anything that is detrimental to their personal honor or reputation. To protect the moral rights of the Creator may have Copyright management information; and/or Copyright electronic information. The results of the research show that there is still no awareness among artists. Even national performances are still not aware of copyright so there needs to be a real role for the relevant government to be more active in monitoring and providing real protection. Settlement of disputes over violations of moral rights in copyrighted works can be done through. dispute resolution, arbitration, or court. Supervision is needed to see what is happening in the field so far, there must be clarity regarding the relevant regulations and there also needs to be a clear agreement so that there is mutual benefit and there are no misunderstandings in the future.]]>
<![CDATA[Implementation of Aceh Qanun Number 11 of 2013 in Handling Beggars in Banda Sakti District, Lhokseumawe City ]]>
<![CDATA[Erika Yuningsih]]>;
<![CDATA[Ti Aisyah]]>;
<![CDATA[Murniati]]>;
<![CDATA[Muhammad Hasyem]]>;
<![CDATA[Maisyura]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i2.50
<![CDATA[Implementation of Aceh Qanun Number 11 of 2013 in Handling Beggars in Banda Sakti District, Lhokseumawe City is one of the efforts in handling the problem of beggars. This study aims to determine how the implementation of Aceh Qanun Number 11 of 2013 in handling beggars in Banda Sakti District, Lhokseumawe City and to find out what are the obstacles to the implementation of Aceh Qanun Number 11 of 2013 in Banda Sakti District, Lhokseumawe City has not been running effectively. The method used in this study is descriptive qualitative with data collection techniques through observation, interviews and documentation. The results of this study are that the implementation of Aceh Qanun Number 11 of 2013 in handling beggars in Banda Sakti District, Lhokseumawe City has not been running effectively, because the Social Service has not implemented the provision of training services, employment opportunities and business opportunities for beggars. This is because there is no budget and special facilities to handle beggars, lack of funding sources, human resources and infrastructure resources to support the implementation of education and training services as well as employment and business opportunities for beggars. Communication between agencies is also one of the obstacles to the implementation of Aceh Qanun Number 11 of 2013 in handling beggars in Banda Sakti District, Lhokseumawe City. The social service can provide education and training services to beggars as well as employment and business opportunities. The social service can also establish relationships with other agencies in the context of implementing Aceh Qanun Number 11 of 2013 with other agencies such as BLK and DISPERINDAGKOP.]]>
<![CDATA[Tindak Pidana Penganiayaan oleh Pengemudi Ojek Konvesional terhadap Pengemudi Transportasi Online ]]>
<![CDATA[Wahyuni Idrus]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i1.51
<![CDATA[This study aims to determine the factors behind the rampant acts of violence by conventional motorcycle taxi drivers against online transportation drivers and to determine the forms of violence experienced by online transportation drivers and the resolution of efforts to overcome them. This study uses an empirical research type, the location of this research is in the Makassar City area and the Makassar Police Headquarters, South Sulawesi Province, located on Jalan Ahmad Yani, by conducting two data collection techniques through literature and field collection techniques such as interviews and observations. The results of this study are the factors behind the rampant acts of violence by conventional motorcycle taxi drivers against online transportation drivers, namely based on factors of jealousy, fighting over passengers, envy, differences in services provided by each online transportation driver with conventional motorcycle taxis and differences in fares and ease of using transportation. While the form of violence experienced by online transportation drivers and the resolution of efforts to overcome it is because online transportation drivers and conventional motorcycle taxis often argue, which usually ends in chaos. Online drivers' motorbikes were also damaged and helmets confiscated for violating conventional motorcycle taxi base areas with agreed pick-ups. At some point, traditional motorcycle taxis lost their market share compared to online transportation, forcing a decrease in passenger volume, but mediation between the two parties involved was able to resolve violent violations in the Makassar City area without having to take legal action. The agreement reached by both parties during the mediation process was the final result.]]>
<![CDATA[Analisis Peran Batalyon B Pelopor Brimob Parepare dalam Operasi Penanganan Gangguan Keamanan Berintensitas Tinggi di Wilayah Konflik Bersenjata Papua ]]>
<![CDATA[Amran]]>;
<![CDATA[Muh. Tahir]]>;
<![CDATA[Nurmiati Muhiddin]]>;
<![CDATA[Muslihin]]>
<![CDATA[ Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 1 (2024): February - May 2024 ]]>
Publisher : <![CDATA[PT PUSTAKA CENDEKIA GROUP ]]>
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DOI: 10.70292/pchukumsosial.v2i1.52
<![CDATA[The purposes of this study are: 1) To analyze the process of implementing operational assistance in handling high-intensity security disturbances in Papua by Battalion B Pelopor Brimob Parepare, and 2) To analyze the factors that hinder the implementation of operational assistance in handling high-intensity security disturbances in Papua by Battalion B Pelopor Brimob Parepare. This type of research is empirical legal qualitative research. To obtain the data and information needed, the researcher chose the research location at Battalion B Pelopor Brimob Pare-pare which is located on Jl. Chalik No.3, Sumpang Minangae, Kec. Bacukiki Bar.Pare-pare City. The type of data used in this study was qualitative data consisting of primary data and secondary data. The conclusions of this study are 1) The process of implementing operational assistance by Battalion B Pelopor Brimob Parepare in handling high-intensity security disturbances in Papua were by: Identifying and analyzing the types of high-intensity security disturbances that occurred in Papua, Formulating appropriate operational strategies and plans to provide assistance in handling these security disturbances, Coordinating and mobilizing personnel and resources needed to carry out operations in the field, Monitoring and evaluating the effectiveness of actions taken in handling security disturbances, and Making adjustments and improvements to personnel capabilities and operational readiness on an ongoing basis. 2) Factors that hinder the implementation of operational assistance in handling high-intensity security disturbances in Papua by Battalion B Pelopor Brimob Parepare were: difficulty in coordinating with leaders of conflicting groups, lack of troops who will be on duty in Papua, and punishments that have not provided a deterrent effect.]]>
