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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 8 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2023)" : 8 Documents clear
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.
KEDUDUKAN ANAK PEREMPUAN DALAM PEMBAGIAN HARTA WARISAN MENURUT HUKUM ADAT BATAK TOBA DI KABUPATEN SAMOSIR Minar Meriyanti; Dilla Hariyanti
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.v1i2.1325

Abstract

Batak society adheres to a patrilineal system, namely taking the male lineage, where only male children have the right to inherit, while married daughters are included in their husband's clan, so that the position of men is more prominent than the position of women. The issues discussed are the position of daughters in the distribution of inheritance and the process of dividing inheritance according to Toba Batak customary law in Samosir Regency. This research is normative legal research that is empirical in nature. The results of the research explain that the position of female children in the distribution of inheritance according to the Batak Toba Samosir custom has changed after the Supreme Court Decision Number 03/Yur/Pdt/2018 regarding disputes over inheritance rights in the Karo traditional patrilineal system, namely the acceptance of female children as heirs like male children. man. The process of dividing inheritance according to Toba Samosir Batak custom is carried out before the heir dies and after the heir dies.
PELAKSANAAN PERJANJIAN KEAGENAN PENJUALAN TIKET DAN UPAYA PENYELESAIAN SENGKETA DI PT. EKA SARI LORENA TRANSPORT Fuji Utomo; Rineke Sara
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.v1i2.1326

Abstract

Bus transportation services are a type of land transportation that has a very high frequency of operation, as evidenced by the fact that buses are found on the highway all the time. PT. Eka Sari Lorena Transport is a company operating in the field of land transportation services. In running its business, it is known that there are ticket sales agents as company partners who have been officially authorized by the company through a letter of appointment as a ticket sales agent. However, in its implementation there are often violations of what has been agreed upon. The problem formulation is how to implement the agency agreement between PT. Eka Sari Lorena Transport with ticket sales agents, and how to resolve disputes in cases of default by ticket sales agents at PT. Eka Sari Lorena Transport. The research method used in this research is normative juridical, empirical in nature. The research results show that the implementation of the agency agreement between PT. Eka Sari Lorena Transport and ticket sales agents are carried out based on the provisions set by the company, basically the agreement is loose, because the agent is a working partner in running his business. However, the company has determined the terms and conditions of the agent appointment agreement. Efforts to resolve disputes in cases of default by ticket sales agents at PT. Eka Sari Lorena Transport, carried out by deliberation to reach consensus, in addition to other settlement methods permitted according to applicable laws and regulations.
TINJAUAN YURIDIS KEWENANGAN ABSOLUT PENGADILAN TATA USAHA NEGARA TERHADAP TINDAKAN PEMERINTAH (STUDI KASUS PUTUSAN NOMOR 230/G/TF/2019/PTUN.JKT) Henri Silalahi; Evita Isretno Israhadi
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.v1i2.1327

Abstract

The State Administrative Court (PTUN) has an important role as a control or supervision institution to ensure that decisions and/or legal actions taken by the government (bestuur) remain within the legal framework. There are cases of government actions that are detrimental to citizens, such as blocking data services and/or cutting off internet access in 4 cities/regencies in Papua Province. The problem in this research is the PTUN's authority to adjudicate government actions and the conformity of Decision Number 230/G/TF/2019/PTUN-Jkt with statutory regulations. The research method used is normative juridical. The results of this research are: a. The authority of the State Administrative Court in adjudicating government actions is in accordance with the General Explanation of Law Number 30 of 2014 concerning Government Administration. Article 1 number 18 of the law confirms that the PTUN has absolute authority to judge the actions of government officials or state administrators related to the implementation or non-implementation of concrete actions in the administration of government. Then, Decision Number 230/G/TF/2019/PTUN-Jkt was deemed to be in accordance with state administrative laws and regulations. Government actions in limiting internet access are considered unlawful acts by government bodies and/or officials because they violate Article 1 number 1 of Government Regulations in Lieu of Law Number 23 of 1959/UU Number 23 Prp of 1959 concerning Emergency Situations.
ANALISIS YURIDIS KONTRAK KERJA KONSTRUKSI PEMBANGUNAN GEDUNG SERBAGUNA DAN MASJID AT-TAWAZUN DI DESA SUKAASIH KECAMATAN SUKATANI KABUPATEN BEKASI Firdaus Addar; Indah Kusuma Wardhani
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.v1i2.1328

Abstract

The development of the construction services industry in Indonesia is always increasing, but problems still often occur related to construction work contracts, such as the substance of construction work contracts having multiple interpretations and the unequal position of the parties in carrying out their rights and obligations. Therefore, this research analyzes the Construction Work Contract for the Construction of the Multi-Purpose Building and the At-Tawazun Mosque, and discusses the process of making it, the rights and obligations of the parties, and the responsibilities of service users and service providers in the event of default. The methods used in this research are normative juridical and empirical juridical. The process of making a construction work contract can be divided into two stages, namely pre-contractual and contractual. Construction work contracts regulate the rights and obligations of the parties in accordance with the provisions of Article 47 paragraph (1), Article 54 and Article 55 of Law Number 2 of 2017 concerning Construction Services. The responsibility of the service provider in the event of default has also been regulated in Article 11, but the responsibility of the service user has not been regulated in the construction work contract. Thus, if the service user defaults, the service provider can file a breach of contract lawsuit based on Article 1243 of the Civil Code jo. Article 55 paragraph (2) Law Number 2 of 2017 concerning Construction Services.
PERLINDUNGAN HUKUM PEMEGANG HAK EKSKLUSIF MEREK ERG (STUDI KASUS PUTUSAN NOMOR 80/PDT.SUS-HKI/MEREK/2021/PN.NIAGA.JKT.PST) Nurlela; Megawati Barthos
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.v1i2.1329

Abstract

The high number of trademark disputes in a country arises from trademark registrations that should be considered invalid, such as trademarks that are similar or identical to trademarks registered by other people without approval. Based on this, this research will analyze Decision Number 80/Pdt.Sus-HKI/Merek/2021/PN.Niaga.Jkt.Pst. related to legal protection for the exclusive holder of the ERG brand and legal considerations from the judge in imposing sanctions on the defendant. The research method used to discuss this problem is normative juridical. The conclusion from the results of this research is that the plaintiff as the holder of exclusive rights to the ERG brand has received legal protection based on Article 1 number 5 in conjunction with Article 83 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications. The judge's legal considerations in imposing sanctions on the defendants were appropriate and in accordance with applicable legal provisions because the judge accepted the plaintiff's claim as the exclusive owner and legal owner of the ERG brand.
PENANGANAN PREMANISME OLEH TIM PEMBURU PREMAN DI WILAYAH HUKUM POLRES METRO JAKARTA BARAT M. Ainun Ilham Arifin; Mona Minarosa
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.v1i2.1330

Abstract

The phenomenon of thuggery that occurs in the jurisdiction of the West Jakarta Metro Police which is so disturbing to the public is the responsibility of the National Police as the custodian of security and order. Therefore, the West Jakarta Metro Police has formed a Thug Hunting Team which is expected to be able to carry out efforts to overcome thuggery. Based on this, two problems can be formulated, namely how the Thug Hunting Team's efforts to deal with thuggery in the jurisdiction of the West Jakarta Metro Police and whether the Thug Hunting Team's actions can reduce the crime rate in the jurisdiction of the West Jakarta Metro Police. The research methods used are normative juridical and empirical. The results of the research show that the Thug Hunting Team's efforts in handling thuggery in the jurisdiction of the West Jakarta Metro Police are carrying out routine patrol activities at 20.00-08.00 WIB, namely by combing areas that are considered prone to thuggery. This effort is prioritized through a dialogue strategy with the thugs. Apart from that, the Thug Hunting Team takes legal action based on reports received from the public or uploading viral videos on social media or carrying out actions via social media networks. The actions of the Thug Hunting Team in reducing the crime rate in the jurisdiction of the West Jakarta Metro Police are considered quite successful.

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