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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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IMPLEMENTASI VONIS NIHIL DALAM SISTEM PERADILAN INDONESIA KMS Herman; Agus Sudrajat; Verania Hedi Permata
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1335

Abstract

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.
REFORMULASI PEMIDANAAN TERHADAP PENGGUNA NARKOTIKA DALAM SISTEM HUKUM PIDANA DI INDONESIA Mona Minarosa
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1336

Abstract

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.
HAK IMUNITAS ADVOKAT DALAM MENJALANKAN PROFESI HUKUM Andi Nurhidayah
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1337

Abstract

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.
TINJAUAN YURIDIS KEWENANGAN KEJAKSAAN DALAM MENANGANI KASUS PERDATA (STUDI KASUS PUTUSAN NOMOR 121/PDT.G/2019/PN.CKR) Tifany Cynthia Sarahdesca; Lucky Ferdiles
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1338

Abstract

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).
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.

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