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[KEDUDUKAN ANAK PEREMPUAN DALAM PEMBAGIAN HARTA WARISAN MENURUT HUKUM ADAT BATAK TOBA DI KABUPATEN SAMOSIR ]]>
<![CDATA[Minar Meriyanti]]>;
<![CDATA[Dilla Hariyanti]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1325
<![CDATA[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.]]>
<![CDATA[PELAKSANAAN PERJANJIAN KEAGENAN PENJUALAN TIKET DAN UPAYA PENYELESAIAN SENGKETA DI PT. EKA SARI LORENA TRANSPORT ]]>
<![CDATA[Fuji Utomo]]>;
<![CDATA[Rineke Sara]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1326
<![CDATA[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.]]>
<![CDATA[TINJAUAN YURIDIS KEWENANGAN ABSOLUT PENGADILAN TATA USAHA NEGARA TERHADAP TINDAKAN PEMERINTAH (STUDI KASUS PUTUSAN NOMOR 230/G/TF/2019/PTUN.JKT) ]]>
<![CDATA[Henri Silalahi]]>;
<![CDATA[Evita Isretno Israhadi]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1327
<![CDATA[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.]]>
<![CDATA[ANALISIS YURIDIS KONTRAK KERJA KONSTRUKSI PEMBANGUNAN GEDUNG SERBAGUNA DAN MASJID AT-TAWAZUN DI DESA SUKAASIH KECAMATAN SUKATANI KABUPATEN BEKASI ]]>
<![CDATA[Firdaus Addar]]>;
<![CDATA[Indah Kusuma Wardhani]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1328
<![CDATA[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.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMEGANG HAK EKSKLUSIF MEREK ERG (STUDI KASUS PUTUSAN NOMOR 80/PDT.SUS-HKI/MEREK/2021/PN.NIAGA.JKT.PST) ]]>
<![CDATA[Nurlela]]>;
<![CDATA[Megawati Barthos]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1329
<![CDATA[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.]]>
<![CDATA[PENANGANAN PREMANISME OLEH TIM PEMBURU PREMAN DI WILAYAH HUKUM POLRES METRO JAKARTA BARAT ]]>
<![CDATA[M. Ainun Ilham Arifin]]>;
<![CDATA[Mona Minarosa]]>
<![CDATA[ Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Borobudur ]]>
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DOI: 10.37721/constitutum.v1i2.1330
<![CDATA[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.]]>
<![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.]]>
