Constitutum: Jurnal Ilmiah Hukum
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.
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<![CDATA[PERLINDUNGAN HUKUM TERHADAP PARA PIHAK ANTARA PELAKU USAHA DAN KONSUMEN E-COMMERCE AKIBAT CEDERA JANJI (WANPRESTASI) ]]>
<![CDATA[Hidayati]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1331
<![CDATA[Internet usage in Indonesia is around 78.19 percent of the total number. The aim of this research is to legally protect business actors and consumers in order to develop their businesses through advances in internet technology to reduce costs, save time, and overcome problems related to physical contracts. The approach method used in this research is normative juridical, namely referring to applicable laws and regulations. Meanwhile, the normative approach is carried out by studying library materials or secondary data about legal principles and case studies as library legal research. The results of the research conclude that the regulations of the Republic of Indonesia Law Number 8 of 1999 concerning Consumer Protection, and Republic of Indonesia Law Number 7 of 2014 concerning Trade are also related to E-commerce which uses electronic transactions, explaining that every agreement made legally is also valid as law for which makes it so, if there is a form of default committed by each stakeholder online, there is a dispute so that legal action for compensation is required through the Consumer Dispute Resolution Agency which is tasked with handling and resolving disputes between both parties, supported by a legal umbrella to protect victims in E-commerce which refers to applicable laws and regulations.]]>
<![CDATA[PELAKSANAAN SISTEM OUTSOURCING DALAM HUKUM KETENAGAKERJAAN DI INDONESIA ]]>
<![CDATA[Darwati]]>;
<![CDATA[Verdita Kurniawan]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1332
<![CDATA[Labor law in Indonesia is currently receiving a lot of attention, especially regarding the use of labor through third parties or outsourcing with a certain time work agreement system. Law Number 13 of 2003 concerning Employment regulates certain time work agreements in Article 59 and handing over part of the work to other parties in Article 64, as well as workers' rights being the same as other workers or in accordance with applicable laws and regulations as formulated in Article 65 paragraph (4). In this research, the issues discussed are outsourcing procedures that apply in Indonesia and legal protection for workers who use the outsourcing system in Indonesia. The methodology used is normative juridical and sociological juridical. The results of research on Law Number 13 of 2003 concerning Employment do not contain the term outsourcing, only handing over part of the work to other companies through work contracting agreements or labor service providers. Protection for workers who work for other companies with a fixed-term work agreement system is the same as other workers. Labor inspectors supervise the implementation of employment agreements and employment contracts. The suggestion for the government is to provide sanctions for violations committed by entrepreneurs and Law Number 6 of 2023 concerning Job Creation is recommended to be abolished.]]>
<![CDATA[ADOPSI DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Abu Alim]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1333
<![CDATA[The phenomenon of adoption has become commonplace in various parts of the world because it is a step for almost all families (husband and wife) who have not been blessed with children by Allah SWT after several years of marriage. Especially for those who are Muslim, they must really pay attention to the steps and decisions they take, whether they are in accordance with the values of Islamic law or not? This is intended so that the decision to adopt a child is not just a desire to have children, but also in accordance with existing Islamic law, in order to balance happiness in this world with happiness in the afterlife. The aim of this research is to clearly describe the status and position of child adoption in the perspective of Islamic law. Is there actually an adoption in Islam? This research method is normative juridical using secondary data in the form of regulations, books, journals and other scientific works. Adoption can be carried out on condition that the adopted child and the adoptive parents have a bond of mutual friendship (mahram), such as adopting a daughter from a brother and so on, a son or grandson from a brother or sister from the same father or mother and so on in a straight line downwards. Adoption can also be done by non-mahram people, this is better understood from an Islamic legal perspective with the term hadhanah.]]>
<![CDATA[PERLINDUNGAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Andi Muhammad Rusdi]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1334
<![CDATA[Electronic transactions are legal acts carried out using computers, computer networks and/or other electronic media. Now many consumers experience losses due to electronic transactions, such as goods sent to consumers that are damaged or do not match the photos of the goods on the internet. Therefore, this research will discuss forms of consumer rights violations in electronic transactions and legal protection for consumers in electronic transactions. This research is normative juridical research using secondary data. The results of the research are forms of consumer rights violations in electronic transactions, such as goods received in damaged condition, delays in delivery of goods by business actors, goods not matching what consumers ordered, and disinformation about goods in their actual condition in the Cash On Delivery (COD) system. So far, handling of consumer protection has not been carried out in an integrated manner, so that consumers' interest in their rights and obligations is still not as expected. Therefore, efforts need to be made to empower consumers, namely through integrated and comprehensive handling of consumer protection issues. Even though its birth is felt to be very late, it is already a step towards progress in the government's political will to further empower consumers and be able to respond to the importance of the existence of the rule of law.]]>
<![CDATA[IMPLEMENTASI VONIS NIHIL DALAM SISTEM PERADILAN INDONESIA ]]>
<![CDATA[KMS Herman]]>;
<![CDATA[Agus Sudrajat]]>;
<![CDATA[Verania Hedi Permata]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1335
<![CDATA[Indonesia is a constitutional state and all Indonesian citizens must uphold the law in their daily lives, and those who do not comply with it are said to have violated the law which can be in the form of a crime that must be held criminally accountable based on a judge's decision (verdict). The purpose of this study is the setting of zero sentences in indonesian legislation and its application in the Indonesian judicial system. This research is a normative legal research using statutory and contextual approaches. The source of legal materials for this research comes from primary legal materials which are the Criminal Code and the Criminal Procedure Code, supported by secondary sources, namely legal books and journals that are relevant to this research. The results of this study are that the provisions regarding nihi sentences can be found in Article 67 of the Criminal Code which states that if a person is sentenced to death or life imprisonment, besides that, no other punishment may be imposed except for the revocation of certain rights, and the announcement of the judge's decision, besides that there is in Article 65 of the Criminal Code in the event that concurrently is subject to the same basic punishment, then only one sentence is imposed. The application of a nil sentence is carried out on a cumulative sentence with a certain time to limit a person not to be convicted beyond the sentence limit or the sentence for a certain time may not exceed 20 years as stated in Article 12 paragraph (4) of the Criminal Code.]]>
<![CDATA[REFORMULASI PEMIDANAAN TERHADAP PENGGUNA NARKOTIKA DALAM SISTEM HUKUM PIDANA DI INDONESIA ]]>
<![CDATA[Mona Minarosa]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1336
<![CDATA[Narcotics abuse in Indonesia is increasing from year to year and is dominated by children and teenagers due to two factors, namely external factors and internal factors. The problem discussed in this research concerns the form of punishment and reformulation of punishment for narcotics users in the criminal law system in Indonesia. This research is empirical legal research as an attempt to approach the problem under study with real legal characteristics or in accordance with real life in society and is connected to an analysis of statutory regulations. The form of punishment for narcotics users in the criminal law system in Indonesia is regulated in Law Number 35 of 2009 concerning Narcotics, specifically Articles 111 to Article 148. In preventing the abuse of narcotics use, the type of crime carried out is not only based on the sanctions contained in Article 10 of the Criminal Code, namely death penalty, life imprisonment, imprisonment and fines, but there is a reformulation of punishment in the criminal law system in Indonesia, namely penal measures and non-penal measures.]]>
<![CDATA[HAK IMUNITAS ADVOKAT DALAM MENJALANKAN PROFESI HUKUM ]]>
<![CDATA[Andi Nurhidayah]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1337
<![CDATA[An advocate is someone whose profession is to provide legal services which can be done in court and outside court. As a client's legal representative, an advocate acts as a spokesperson representing the client's interests before court, arbitration, or in negotiations. Advocates compose legal arguments, prepare legal documents, and defend their clients' interests. Advocates' immunity rights are regulated in Article 16 of Law Number 18 of 2003 concerning Advocates which states that advocates cannot be prosecuted, either civilly or criminally, because they carry out their professional duties in good faith for the benefit of client defense. The problem is how to use the right of advocate immunity in resolving criminal cases? And what are the obstacles that arise in using Advocate immunity rights in resolving criminal cases? The method used is a normative legal research method. The use of the right to advocate immunity in resolving criminal cases is a right that is always protected by law, however the granting of this right has limitations, namely moral values, the essence of good faith, honesty, greater legal interests and responsibility. Obstacles to the use of advocates' immunity rights in resolving criminal cases can be seen that there are still a number of advocates who are involved in corruption cases or who obstruct legal officers in uncovering a criminal case.]]>
<![CDATA[TINJAUAN YURIDIS KEWENANGAN KEJAKSAAN DALAM MENANGANI KASUS PERDATA (STUDI KASUS PUTUSAN NOMOR 121/PDT.G/2019/PN.CKR) ]]>
<![CDATA[Tifany Cynthia Sarahdesca]]>;
<![CDATA[Lucky Ferdiles]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v2i1.1338
<![CDATA[The Prosecutor's Office is a government institution that exercises state power in the field of prosecution and other authorities based on law. Based on data from the Attorney General's Office, in 2021 the Attorney General's Office will play an active role as legal representative or attorney for the state or government in civil cases. Therefore, this research will analyze Decision Number 121/Pdt.G/2019/PN.Ckr related to the authority of the prosecutor's office in handling civil cases and how to resolve civil cases handled by the West Java High Prosecutor's Office. The research method used in this research is normative juridical. From the results of the discussion it can be concluded that the prosecutor's authority in handling civil cases in civil cases is carried out by the State Attorney General based on Article 30 paragraph (2) of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, Regulation of the Attorney General of the Republic of Indonesia Number 040/A/ JA/12/2010 jo. Republic of Indonesia Attorney General Regulation Number 018/A/JA/07/2014 concerning Standard Operating Procedures. The prosecutor's office can act and have authority for and on behalf of the state both outside and inside the court in the civil and state administrative fields based on the existence of a special power of attorney. The settlement of the civil case in civil case Number 121/Pdt.G/2019/PN.Ckr was carried out by the plaintiffs by filing a lawsuit for an unlawful act using the citizen lawsuit mechanism against state officials (citizen lawsuit).]]>
