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Indah Kusuma Wardhani
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INDONESIA
Constitutum: Jurnal Ilmiah Hukum
Published by Universitas Borobudur
ISSN : 29858232     EISSN : 29858232     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Constitutum: Jurnal Ilmiah Hukum is a scientific journal published for the publication of legal disciplines, which include civil law, criminal law, business law, constitutional and administrative law, international law, Islamic law and other fields of law. Constitutum: Jurnal Ilmiah Hukum published twice a year in April and October. Every submitted paper will be reviewed by a reviewer. The review process uses double-blind review that is, the reviewer does not know the identity of the writer, and the writer does not know the identity of the reviewer. Topics of interest in the Constitutum: Jurnal Ilmiah Hukum in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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ANALISIS YURIDIS PERJANJIAN ANGKUTAN MULTIMODA ANTARA PT WIJAYA KARYA (PERSERO) TBK DENGAN PT SILKARGO INDONESIA DI PROYEK PEMBANGUNAN PEMBANGKIT LISTRIK TENAGA UAP (PLTU) KETAPANG 2X10 MW Sriyono; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1134

Abstract

In the construction of the Ketapang PLTU with a capacity of 2x10 MW in West Kalimantan, multimodal transportation is needed to send steel structure materials from Jakarta to Ketapang. Therefore, PT Wijaya Karya (Persero) Tbk cooperates with PT Silkargo Indonesia as a carrier, which is stated in the form of a multimodal transportation contract. Based on this description, the authors are interested in examining the problems regarding the process of the occurrence of a multimodal transport contract and the suitability of the multimodal transport contract with the regulations. To discuss these problems, normative and empirical juridical research methods are used. The conclusion is the process of the occurrence of a multimodal transport contract goes through two stages, namely the pre-contractual stage which includes announcements and invitations, explanations, submission of bid documents, document evaluation, clarification and negotiation, determination and announcement of winners, and the contractual stage which includes determination of carriers and signing of contracts. The multimodal transport contract is in accordance with the prevailing regulations, namely Government Regulation Number 8 of 2011 concerning Multimodal Transportation, in particular Article 4, Article 12 paragraph (1), Article 13, Article 16, Article 17, Article 19, Article 21, Article 22, Article 23 paragraph (1), Article 24, Article 25 paragraph (2), Article 25 paragraph (3), and Article 26.
PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK DALAM TRANSAKSI JUAL BELI YANG DIBATALKAN KARENA ADANYA GUGATAN PIHAK KETIGA (STUDI KASUS PUTUSAN NOMOR 800/PDT.G/2013/PN.DPS) Salim Saputra; Rineke Sara
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1135

Abstract

In life in society, many buying and selling transactions are imperfect, meaning that they have a disability in the legal aspect, whether the object of sale and purchase has not been submitted in a buying and selling transaction or regarding the legality of a person's legality to be declared valid as the right to carry out a sale and purchase transaction, then if there is a lawsuit by a third party in a sale and purchase transaction, how are the legal regulations for legal protection for the rights of buyers with good intentions protected. To discuss this problem, the authors use normative juridical research methods. In the case of Decision Number 800/Pdt.G/2013/PN.Dps., the legal protection given to land buyers with good intentions was not considered by the judge. The judge's considerations were only aimed at the Plaintiff without considering the elements of fulfilling the category of good faith buyers whose rights should also be protected in accordance with existing laws.
UPAYA HUKUM PRAPERADILAN PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI Fito Hartley Dharmawan; Mugiati
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1136

Abstract

In the life of society, nation and state, it is possible that members of the community behave deviantly, namely by committing unlawful acts or criminal acts of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Against perpetrators suspected of committing a criminal act of corruption, law enforcement actions must be taken to prove guilty or not based on formal legal provisions, namely Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). One of the legal efforts to ratify or not determine the suspect is the pretrial legal effort. The problem raised in this study is how the legal action of the KPK investigators based on the Criminal Procedure Code in determining the suspect in the criminal act of corruption and how the pretrial legal action for the determination of the suspect in the criminal act of corruption by the KPK investigator. The method used in this research is normative juridical. The competence of the KPK's authority according to Law Number 30 of 2002 concerning the Corruption Eradication Commission is substantively responsible for operations in terms of carrying out legal actions for investigating and prosecuting perpetrators of criminal acts of corruption.
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP BERKAITAN DENGAN DUMPING LIMBAH TANPA IZIN PADA PERUSAHAAN TAMBANG PT. INDOMINCO MANDIRI DI KALIMANTAN Hesti Lestari; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1137

Abstract

The criminal liability of corporations in environmental crimes, especially regarding crimes related to dumping waste without a permit and not managing B3 waste is regulated in Articles 103 and 104, while the corporation is described in Article 116 paragraph (1) letter a of Law Number 32 Year 2009. PT. Indominco Mandiri is a mining company located in East Kalimantan. In this study, the author uses a normative juridical research method, which discusses corporate criminal responsibility in environmental crimes using the whole theory of criminal responsibility against corporations, namely the theory of strict liability, vicarious liability, the doctrine of delegation, identification, and corporate organs.
TINDAKAN LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN MEMBERIKAN PERLINDUNGAN TERHADAP PEREMPUAN KORBAN KEKERASAN Latiffah Fajar Rahayu; Dilla Hariyanti
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1138

Abstract

Violence against women in this era is no longer a taboo anti-mainstream issue to talk about. The phenomenon of violence against women has recently become a prominent issue in mass media coverage. Forms of violence, both physical, psychic, sexual, threatening, intimidation and emotional actions. All forms of violence experienced by these women, the more difficult it is for law enforcement to take legal action. The actions of the Witness and Victim Protection Agency to take measures to provide protection for women victims of violence still find obstacles where in the legal process. Often cases of violence against women victims are considered not to meet the elements of criminal acts, therefore, the legal process cannot be continued, even often the victim actually gets a reply from the perpetrator such as a counter-report, there needs to be a criminal law policy that provides legal protection for women as witnesses and victims of violence.
PENERAPAN PASAL 378 KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENERBITAN BILYET GIRO KOSONG (STUDI KASUS PUTUSAN NOMOR 291/PID.B/2014/PN.YYK) Deby Mardina; Riswadi
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1139

Abstract

Bilyet giro is a new type of securities compared to other securities by demand, is a book transfer order that functions as a means of payment. However, in practice there is often a fraud against the bilyet giro, which is often known as an empty bilyet giro, resulting in payment failures. the formulation of the problem in this study, is the application of Article 378 of the Criminal Code in Decision No. 291/Pid.B/2014/PN.Yyk. is in accordance with the applicable legal provisions, and what is the basis for the judge's consideration in making decisions against perpetrators of criminal acts of fraud that to be able to prove that the defendant is proven not guilty of committing a criminal act of fraud, where there must be elements in Article 378 of the Criminal Code for the crime of fraud, elements with the intention of benefiting oneself or another person against the law. While the basis for the judge's consideration in making a decision against the perpetrators of the crime of fraud in Decision No. 291/Pid.B/2014/PN.Yyk. stated that the defendant was proven to have committed the act as charged to him, but the act was not a criminal act as regulated in Article 378 of the Criminal Code. On the basis of the description of the elements of a criminal offense in the indictment, the Yogyakarta District Court rendered a decision free from all lawsuits against the defendant, the decision was given because the defendant was proven guilty after the examination process in court, but the act was not a criminal act as stipulated in Article 191 paragraph (2) Criminal Procedure Code.
PELAKSANAAN PENEMPATAN PEKERJA MIGRAN INDONESIA DI MALAYSIA BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PELINDUNGAN PEKERJA MIGRAN INDONESIA Darwati
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1142

Abstract

Placement of Indonesian Migrant Workers is an effort to realize equal rights and opportunities for workers to obtain decent work and income. Placement of Indonesian Migrant Workers has been regulated in Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. However, the placement of Indonesian Migrant Workers abroad still creates many problems, for example, complicated bureaucratic procedures, many fees outside the placement system, lack of official documents, and difficulty accessing communications with the Indonesian Embassy. Therefore, there are two issues that will be discussed in this article, namely how to implement the placement of Indonesian Migrant Workers in Malaysia and what are the obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia. The research method used is normative juridical and sociological juridical. The result of the research is that the implementation of the placement of Indonesian Migrant Workers in Malaysia by P3MI goes through three stages, namely pre-placement, placement and post-placement. These three stages are in accordance with the provisions of Article 7 of Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers jo. Article 6 to Article 27 of the Minister of Manpower Regulation Number 9 of 2019 concerning Procedures for Placement of Indonesian Migrant Workers. Obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia include convoluted bureaucratic and administrative problems that hinder, lack of coordination between agencies, weak human resources, many P3MIs who are not licensed or whose operating permits are no longer active or have expired, and the large number of levies outside the placement system.
KERJA SAMA OPERASI PENYEDIAAN LISTRIK DI INDONESIA BAGIAN TIMUR: HARAPAN DAN HAMBATAN Malvin Jati Kuncara Alam; Rayhan Fiqi Fansuri
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1143

Abstract

Electric power is one of the vital resources where its use not only affects human life but is also strategic in carrying out national development goals. In this regard, electric power currently plays a major role in realizing Indonesia's vision to achieve net zero emissions. However, even though several regulations have been issued to encourage this effort, it seems that the rate of development of renewable electricity is always off target or slow. In the midst of this progress, one of the ways to accelerate the supply of electricity with new renewable energy is through Joint Operations. However, it seems that this scheme is also experiencing problems from a regulatory perspective. Therefore, this paper will identify the problems in Joint Operations and Provision of electricity in general with the formulation of the problem how Joint Operations can optimize the Electrification Ratio in eastern Indonesia? and what are the obstacles in the implementation of the Operational Cooperation for the Supply of Electricity in Eastern Indonesia? The type of research used by the author is normative juridical, with statutory, case and conceptual approaches as well as literature study data collection techniques. After conducting research, it can be seen that basically Operational Cooperation can solve problems that exist in the practice of electricity supply but are hampered by regulations including regarding the concept of Cooperation itself, Single Buyer, and excess power.
PENERAPAN SANKSI PIDANA PENJARA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI KASUS PUTUSAN NOMOR 2/PID.SUS-ANAK/2018/PN.PYH) Muhammad Bima Rafzanjani; Mugiati
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1323

Abstract

One form of crime that is often committed by children is theft, both ordinary theft as regulated in Article 362 of the Criminal Code and theft with aggravation as regulated in Article 363 of the Criminal Code. Therefore, the author will analyze Decision Number 2/Pid.Sus-Anak/2018/PN.Pyh which is related to the judge's considerations in imposing criminal sanctions on children as perpetrators of criminal acts of theft with weighting and application of criminal sanctions against children as perpetrators of criminal acts aggravated theft. The research method used in this research is normative juridical. The judge's consideration in imposing a prison sentence on a child is Article 1 point 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely that a child who is in conflict with the law is a child who has reached the age of 12 years and has not yet reached the age of 18 years. The child who committed this act of theft is 16 years 6 months old, so the elements of a criminal act have been fulfilled in accordance with Article 363 paragraph (1) 4th of the Criminal Code and 5th jo. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Applying the sanction of imprisonment to children, the defendant has been legally and convincingly proven guilty of committing the crime of theft under aggravating circumstances as regulated in Article 363 paragraph (1) 4th and 5th in conjunction with Law Number 11 of 2012 concerning the System. Juvenile Criminal Justice, as well as with the evidence that has been submitted to the judge in the trial, so that the judge imposes criminal sanctions in the form of imprisonment for 9 (nine) months reduced while the child is in temporary detention to 5 (five) months.
PELAKSANAAN TUGAS DAN WEWENANG KOMISI PEMILIHAN UMUM KABUPATEN BEKASI PADA PENYELENGGARAAN PEMILIHAN UMUM TAHUN 2019 BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM Yulianninda Rahayu; Riswadi
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1324

Abstract

The Bekasi Regency KPU is an election organizing institution in the Bekasi Regency area which has repeatedly held elections, starting with the elections in 2004, 2009, 2014 and 2019. However, there are always problems in organizing these elections. Therefore, this research will discuss the implementation of the duties and authority of the Bekasi Regency KPU as well as the obstacles in holding the 2019 elections. This research uses normative and empirical juridical research methods. From the results of the discussion in the research, it can be concluded that the implementation of the duties and authority of the Bekasi Regency KPU in holding the 2019 elections starts from the registration and verification of election participants to the taking of the oath/promise of members of the Bekasi Regency DPRD. The implementation of these duties and authorities has been running well and in accordance with the provisions of Article 18, Article 19 and Article 20 of Law Number 7 of 2017 concerning General Elections and its implementing regulations. Obstacles in carrying out these duties and authorities include: there are still many problems with the Voter Data Information System (Sidalih) application, there are still 15 political parties submitting a list of candidates for Bekasi Regency DPRD members on the last day of the candidate submission period, and the slow process of sending the recapitulation plenary minutes by PPK at the sub-district level, especially South Tambun District.

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