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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 8 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024)" : 8 Documents clear
TANGGUNG JAWAB PELAKU USAHA TERHADAP RISIKO KECACATAN PRODUK BAGI KONSUMEN MOBIL LISTRIK DENGAN FITUR KENDALI OTOMATIS (SELF-DRIVING) BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Atrina Isti Oilinda; Andi Muhammad Rusdi
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1477

Abstract

Presence of automatic control features in current transportation, especially passenger cars, will significantly impact the necessary preparations. Automatic control features can operate the vehicle, commonly known as selfdriving. When defects in these features cause accidents, the responsible business entities are obligated to compensate for resulting losses to protect consumers. The issue addressed in this research is the responsibility of businesses and other related parties in cases of defects in electric vehicleswith automatic control features, and the legal remedies available to Indonesian consumers experiencing losses due to such defects. The research methodology employed is normative juridical. In this context, businesses must compensate consumers for losses, involving liability based on breach of contract and unlawful acts, and pursuing legal action persuasively through litigation or alternative dispute resolution methods such as mediation, conciliation, and arbitration via consumer dispute resolution bodies.
PERAN KEPOLISIAN DALAM PENANGGULANGAN TINDAK PIDANA PEMBEGALAN DI WILAYAH POLRES METRO BEKASI KOTA Fitri Yani Ulath; Mugiati
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1478

Abstract

Robbery or theft with violence is a criminal act (crime), and robbery has been regulated under Article 365 paragraph (1) of the Indonesian Penal Code (KUHP). Robbery is characterized by the use of violence or threats of violence to seize valuable items from victims, with perpetrators often resorting to injuring or even killing their victims. Factors causing robbery in the jurisdiction of the Metro Bekasi Kota Police include opportunity and intent factors, economic factors, educational factors, and environmental factors. The role of the Police in combating robbery in the jurisdiction of the Metro Bekasi Kota Police includes both preventive and repressive efforts. Preventive efforts by the Metro Bekasi Kota Police in combating robbery include cooperation with the community and the formation of specialized teams. These teams include the Police and Community Partnership Forum (FKPM), Police Partner Communication Center (Senkom Mitra Polri), and Community Awareness Group for Security and Public Order (Pokdar Kamtibmas). Repressive efforts by the Metro Bekasi Kota Police in combating robbery include Precision Patrols conducted during nighttime at specific crime-prone times and the formation of Bhabinkamtibmas teams.
GIAT BISNIS BUSANA DALAM PERSPEKTIF HUKUM ISLAM Abu Alim; Agus Sudradjat
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1479

Abstract

In today's modern world, business is a more promising endeavor to achieve profits and income. Islam as a religion has always accompanied sharia values throughout the ages, including in business. The fashion business which is included in basic needs has become a big thing and has become one of the focuses of entrepreneurs to create and produce clothing with various models and types. Clothing can build a culture that is quite influential in human life throughout the ages, and culture is also what ultimately leads to a level of human dignity or not, therefore it is also hoped that entrepreneurs will not only pay attention to the profits (profits) obtained but also really It is necessary to be expected to pay attention to the benefits of the business it operates with the models, styles and types of clothing it will produce. Islam pays great attention to neat clothing from the perspective of its rules and regulations in order to uphold and maintain human dignity. Therefore, it is a big homework for Muslims, especially for those who are business people in the fashion sector, to really pay attention not only to aesthetic values, but also to ethical values that make humans more civilized and beneficial. This journal uses qualitative research using library research methods (Library Research) and uses secondary data in the form of books, journals and other relevant scientific works. With this research, it is hoped that entrepreneurs in the fieldof fashion products can become a reference for designs and models that will be produced and consumed by the public.
TANGGUNG JAWAB JAKSA SEBAGAI LIKUIDATOR DALAM PROSES PEMBUBARAN PERSEROAN TERBATAS (STUDI KASUS PENETAPAN NOMOR 659/PDT.P/2020/ PN.JKT.BRT) Martin Fredrik; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1480

Abstract

The dissolution of a Limited Liability Company (PT) can be carried out by a District Court order upon the request of the Prosecutor's Office, based on the grounds that the PT has committed acts violating statutory regulations. In this case, the Prosecutor, acting as the liquidator, plays an essential role in the dissolution, liquidation, and settlement processes of the PT. Based on this, this study will analyze the case of PT. Gemilang Sukses Garmindo in District Court Order Number 659/Pdt.P/2020/PN.Jkt.Brt. The dissolution process of PT. GSG, starting from the initial review by the State Attorney at the West Jakarta Prosecutor's Office to the District Court Order Number 659/Pdt.P/2020/PN.Jkt.Brt., was in accordance with the Attorney General's Regulation Number Per-025/A/JA/11/2015 and represents the best step determined by the Judge for effectiveness and efficiency. The Prosecutor's reason for filing the dissolution request of PT. GSG was that PT. GSG was proven legally and convincingly guilty of committing tax crimes as stipulated in Article 39A letter a of Law Number 16 of 2009 concerning General Provisions and Tax Procedures. The Prosecutor, as the liquidator, is responsible for the liquidation of PT. GSG as regulated in Article 147 paragraph (1), Article 148 paragraph (2), Article 149 paragraph (1), and Article 152 of Law Number 40 of 2007 concerning Limited Liability Companies.
PELAKSANAAN PERJANJIAN PEMBIAYAAN MULTIGUNA KENDARAAN BERMOTOR RODA EMPAT DENGAN JAMINAN FIDUSIA DI PT. INTERNUSA CITRA MULTIFINANCE Boby Harisma Raharja; Nurhidayah
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1481

Abstract

The increase in public mobility has driven the demand for four-wheeled motor vehicle loans from financing companies. Based on fiduciary agreements, there are several issues, including non-performing loans or defaults on the agreed contracts. The implementation of multipurpose financing agreements at PT. Internusa Tribuana Citra Multifinance involves procurement activities.Debtors apply for multipurpose financing facilities. The pre-agreement stage includes administrative requirements, installment amounts, and down payments. Once the parties agree to use fiduciary collateral, a standard agreement is created. The documents that the debtor needs to sign during the financing agreement process at PT. Internusa Tribuana Citra Multifinance include the Multipurpose Financing Agreement Form, Credit Approval, spouse’s approval, insurance form, a statement that the debtor will notdefault, and approval for the repossession of the fiduciary collateral in case of default. These documents are validated, and then a notarial deed is created and registered at the Fiduciary Registration Office. The creditor receives a fiduciary certificate, as its legal strength is equivalent to a court decision with permanent legal force. The resolution of defaulting debtors at PT. Internusa Tribuana Citra Multifinance is initially pursued through peaceful means, using negotiation and familial procedures. If these efforts fail, the finalrecourse is through legal channels, executing the collateral pledged to the creditor.
WANPRESTASI PASIEN TERHADAP GENERAL CONSENT DI RUMAH SAKIT UMUM DAERAH KEMAYORAN JAKARTA PUSAT BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2009 TENTANG RUMAH SAKIT Sampurno Bayu Aji; Rineke Sara
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1482

Abstract

General consent is an initial agreement in the registration process to get treatment at a regional public hospital, by being informed and understanding about the rights and obligations as a patient. For the general public who wants to use health services from regional public hospitals, can make an initial agreement or general consent. It includes an agreement on the patient's obligation to pay the total cost of care provided in accordance with the cost reference and the provisions of the regional public hospital with a guarantee orprivate. The problems in this study are how the forms of default against general consent at the Kemayoran Regional General Hospital, Central Jakarta, how the efforts made by the Kemayoran Regional General Hospital in handling default against general consent. The research method uses a normative juridical approach and is empirical in nature. The results of this study are that the patient knows that there is a general consent made by the hospital in the form of a registration form and understands the intention to carry out obligations, one of which is to pay the treatment costs properly, but in its implementation there are still those who make arrears or defaults that harm the hospital.
PERTANGGUNGJAWABAN KANTOR PERTANAHAN ATAS PENERBITAN SERTIPIKAT GANDA BAGI PEMEGANG HAK MILIK ATAS TANAH (STUDI KASUS PUTUSAN NOMOR 31/G/2022/PTUN.SMG) Haerudin; Dilla Hariyanti
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1483

Abstract

Land Registration aims to provide legal certainty and protection to land rights holders. However, in practice, it is not uncommon for two or more land certificates to be issued by the land office for the same plot of land. The cause of double certificates, according to Decision Number 31/G/2022/PTUN.SMG is due to changes in spatial planning by the district government and human error, where land that has already been certified by the National Land Agency (BPN) undergoes spatial planning changes. Additionally, land office officials do not conduct thorough investigations. The responsibility of the land office for the issuance of double certificates is to be fully accountable for resolving legal issues/disputes arising from double certificates, which cause losses to landowners. This responsibility includes complying with court decisions that require the land office to revoke and remove the certificate from the land register, and to pay the legal costs of the double certificate dispute. According to the provisions of Article 7 paragraph (2) letter l of Law Number 30 of 2014 concerning Government Administration, government officials are obligated to comply with court decisions that have permanent legal force.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA DESERSI YANG DILAKUKAN OLEH MILITER (STUDI KASUS PUTUSAN NOMOR 189-K/PMII-08/AU/XII/2021) Eko Cahyono; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1484

Abstract

The crime of desertion is one of the offenses often found within military units. According to the 2022 report on law enforcement operations and military police justice, the disciplinary and code of conduct violations of TNI soldiers increased by 50% compared to 2021, and the crime of desertion also increased by 13.55%. Therefore, the author is interested in conducting research at Military Court II-08 Jakarta and analyzing Decision Number 189-K/PM.II-08/AU/XII/2021 related to the application of substantive criminal law and the judge's considerations in the trial of desertion crimes. The analysis based on this decision shows that the application of substantive criminal law to the crime of desertion committed by the Defendant in Decision Number 189-K/PM.II-08/AU/XII/2021 is appropriate, as it fulfills the elements of desertion in Article 87 paragraph (1) number 2 in conjunction with paragraph (2) of the Indonesian Military Penal Code (KUHPM). In this decision, the Panel of Judges has taken into account the legal facts, witness testimonies, supporting evidence, and the judge's conviction in rendering the verdict, thereby creating a deterrent effect on the Convict and instilling fear among military personnel to prevent them from committing the crime of desertion.

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