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INDONESIA
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
ISSN : -     EISSN : 2746394X     DOI : https://doi.org/10.46839/disiplin
Diterbitkan oleh Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA) Berisikan tulisan ilmiah, hasil pembahasan penelitian, pembahasan buku dan pendapat yang mendukung. Redaksi mengundang para dosen, pakar, mahasiswa, membahas dan masyarakat yang tertarik untuk menuangkan hasil yang diharapkan ke dalam tulisan ilmiah. Jadwal penerbitan setahun 4 (empat) kali pada bulan Maret, Juni, September dan Desember. Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagaimana terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Articles 5 Documents
Search results for , issue "Vol. 28 No. 2 (2022)" : 5 Documents clear
Jaminan Pelaksanaan Pemberian Hak-Hak Istri Pasca Perceraian Jauhari, Jauhari; Busroh, Firman Freaddy; Khairo, Fatria
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 2 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v28i2.1347

Abstract

Where the divorce case is carried out by the husband or the application for divorce to the Religious Court to be given a decision stating that the husband and wife relationship between them has been broken with the consideration of the panel of judges that the person concerned cannot return to form a sakinah, mawaddah and rahmah household. Therefore, a new problem arises that the ex-husband does not carry out his obligations, namely not giving the rights of his divorced wife such as the granting of 'iddah rights or mut'ah rights. This research is a library research, that is, the source of the data is library research. The research method used is a juridical normative approach. The result of the research is that in the verdict of the panel of judges the sentence is added "... which is paid before the defendant takes the divorce certificate". Thus the guarantee of the implementation of the granting of women's rights after divorce can be carried out.
Peran Masyarakat Dalam Penyelenggaraan Perlindungan Anak Menurut Undang-Undang Perlindungan Anak Deshaini, Liza
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 2 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v28i2.1349

Abstract

Protection of children is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and protection from violence and discrimination. The role of the community in the implementation of child protection is carried out by providing information through socialization and education regarding children's rights and laws and regulations regarding children, providing input in the formulation of policies related to child protection, reporting to the authorities in case of violations of children's rights, taking an active role in the process. rehabilitation and social reintegration for children, monitoring, supervising and taking responsibility for implementation of child protection, providing facilities and infrastructure as well as creating a conducive atmosphere for children's growth and development, playing an active role by eliminating negative labeling of child victims, providing space for children to be able to participate and express opinions and legal consequences against perpetrators who treat children discriminatory so that children experience material, moral and social losses are punishable by a maximum imprisonment of 5 (five) years and/or a maximum fine of Rp. 100,000,000.00 (one hundred million rupiah).
Penyelesaian Sengketa Perbankan Syariah Melalui Litigasi Menurut Peraturan Perundang-Undangan Di Indonesia Heni Marlina; Luil Maknun
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 2 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v28i2.1350

Abstract

Banking has a function as an intermediary institution, namely utilizing funds from people who have excess funds and channeling them back to people in need in the form of financing facilities. This means that banking has a vital role in the economic sector, especially in regulating the circulation of money in society. Settlement of sharia banking disputes through non-litigation can be done through arbitration and alternative settlements, which consist of consultation, negotiation, mediation, conciliation, or experts as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Disputes. In arbitration, customers and Islamic banks are given the right to choose the legal material to be applied as stipulated in Article 56 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pelecehan Seksual Melalui Media Sosial Dalam Pasal 27 Ayat 1 Uu Ite Nomor 19 Tahun 2016 Kurniati, Kurniati
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 2 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v28i2.1352

Abstract

Nowadays, crime is on the rise and one of them is verbal harassment on social media. Verbal harassment can happen in person, like whispering, screaming, and speaking. With technological advances, typing, sexuality, and sarcasm on social media (chats, direct messages, and comments) have become commonplace. Of course this shock is the same as a direct pursuit. Verbal harassment on social media is an illegal activity that violates article 27, paragraph 1, of the ITE Act, which does not specify specifically the type of abuse. Although the Covenant contains provisions on criminal offences, it is not well defined because the term harassment is not mentioned in the Convention. Lack of gender education is the primary cause of harassments, and on average, victims do not know that women are being harassed or committing suicide. Nowadays, there are many good laws in Indonesia, such as the KUHP and the ITE Act, which can hold verbal suicides criminally liable, even if they are far from perfect. This can be done by providing a legal framework for suicide and placing it in the category of violence.
Perlindungan Hukum Terhadap Penumpang Pesawat Atas Keterlambatan Penerbangan (Flight Delayed) Yuliana, Tora
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 2 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v28i2.1353

Abstract

In recent years there have been frequent flight delays which have caused passengers as consumers to feel disadvantaged. When passengers complain to the airline, sometimes the airline ignores and throws the responsibility. The problems of this research: 1) how is the airline's responsibility towards airplane passengers who are harmed due to flight delays in terms of the aviation law and the consumer protection law. 2) how is the legal protection for passengers who are harmed due to flight delays in terms of the aviation law and the consumer protection law. 3) what is the court's decision on the lawsuit Number 309/Pdt.G/2007/PN.Jkt.Pst between David M.L.Tobing, S.H., M.Kn and PT. Lion Mentari Air Lines. This type of research is normative research, through a statutory and conceptual approach. Data processing is carried out through the stages of data selection, data classification, compilation of data which is then analyzed. The results of the study show that the responsibility of airlines according to Law No.1 of 2009 concerning flights adheres to the concept of presumption of guilt, meaning that the carrier is automatically responsible for flight delays. The responsibility of the airline as a carrier to passengers is obliged to provide compensation or compensation. This is reinforced by the Regulation of the Minister of Transportation No. 77 of 2011 concerning the responsibility of air carriers and the Regulation of the Minister of Transportation No. 49 of 2012. Regarding this responsibility, it is also reinforced by consumers and airlines as business actors. This is one of the legal protections for passengers for the negligence of the carrier, but if the carrier does not perform its obligations then the passenger has the right to take legal action to claim rights. Like the case of David M.L.Tobing, S.H., M.Kn who filed a lawsuit to the district court, this was done so that the rights of passengers as consumers who were harmed were not toyed with and it was a lesson for every airline to better serve passengers. The decision of the Central Jakarta District Court No.309/Pdt.G/2007/PN.Jkt.Pst, especially on the standard clauses on passenger tickets, is very precise and relevant.

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