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Indah Kusuma Wardhani
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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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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.
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM TINDAK PIDANA PENGANIAYAAN BERAT (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 3202 K/PID.SUS/2023) Irwika Fadhila Tanjung
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1603

Abstract

The presence of children in society needs attention so that their actions do not go beyond the limits that can harm others and themselves. Many incidents show that lack of control has resulted in juvenile delinquency escalating into criminal acts or violations of the law, so that such behavior cannot be tolerated. This study discusses the application of the law to perpetrators of criminal acts of serious abuse against minors and the judge's considerations in imposing criminal sanctions on minors who commit criminal acts ofserious abuse in Decision Number 3202 K/Pid.Sus/2023. This study uses a normative legal research method by examining secondary data. The results of the study explain that the application of the law to perpetrators of criminal acts of serious abuse against minors in Supreme Court Decision Number 3202 K/Pid.Su/2023 is appropriate because the actions of the defendant AG were proven legally and convincingly guilty of participating in serious abuse resulting in serious injuries, and fulfill the elements of Article 355 paragraph(1) of the Criminal Code in conjunction with Article 55 paragraph (1) number 1 of the Criminal Code. The basis for the judge's consideration in sentencing the defendant AG was that the act of serious assault committed by the defendant AG was proven legally and convincingly to be a premeditated crime that resulted in serious injury so that the defendant AG was sentenced to 3 years and 6 months in prison (Article 355 paragraph (1) in conjunction with Article 55 paragraph (1) point 1 of the Criminal Code). The judge's consideration in the trial was based on the fact that the actions of the defendant AG had fulfilled the elements charged by the public prosecutor. The judge had also reviewed and considered written evidence and expert testimony from the defendant AG's lawyer.
TANGGUNG JAWAB RUMAH SAKIT TERHADAP PASIEN PADA PELAYANAN INSTALASI GAWAT DARURAT DI RUMAH SAKIT DR. CIPTO MANGUNKUSUMO BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Angga Kurniansyah; Rineke Sara
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1604

Abstract

The position of hospitals as providers of health services and patients as recipients of health services in health facilities has been regulated in Law Number 17 of 2023 concerning Health which aims to increase awareness, willingness, and ability to live healthily for the community. This study discusses the responsibility of hospitals towards patients who experience losses in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital and the efforts made by patients who are harmed by the Emergency Room services of Dr. Cipto Mangunkusumo Hospital. This study uses a normative legal approach method that is empirical in nature. The results of the study indicate that the responsibility of hospitals towards patients in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital is due to inadequate health services, not in accordance with the rules and procedures, and can cause losses to patients. The hospital will provide health services until the patient recovers. If a patient is harmed, the patient can file a complaint with the professional ethics council, request compensation through a lawsuit for unlawful acts, or file a civil lawsuit for losses incurred due to the negligence of medical personnel on duty in the Emergency Room as regulated in Article 1367 of the Civil Code, Article 304 of the Criminal Code, and Article 531 of the Criminal Code.
TIPU MUSLIHAT SEBAGAI UNSUR PEMBERATAN PIDANA DALAM KASUS TINDAK PIDANA PENCUCIAN UANG (STUDI KASUS PUTUSAN NOMOR 2007 K/PID.SUS/2021) Cresentius Raymond Felix Benedict Santoso
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1605

Abstract

Money laundering is a process carried out by someone to obscure money from illegal criminal acts so that it appears legitimate and clean so that the perpetrator can hide its origin from the government and related authorities. If the process also involves other illegal activities besides money laundering, the perpetrator can be threatened with a heavier penalty, which can aggravate the main crime. This study discusses the application of heavier criminal qualifications in money laundering cases and the judge's considerations in the Supreme Court Decision Number 2007K/PID.SUS/2021. The research method used in this study is normative juridical. The results of the study show that the heavier penalty in money laundering cases is aggravating penalties with certain elements that can aggravate the main crime. However, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering only regulates aggravating penalties for corporations, so for individuals, the Criminal Code is used as the basis. The judge's consideration to cancel the High Court's decision which acquitted the defendant from all charges and retried the defendant was correct. This is because the defendant has hidden the proceeds of his crime, so he can be charged with money laundering. Aggravating considerations canalso be justified because the defendant used fraudulent means to obtain the money. However, the defendant was given a reduced sentence because of his contribution to the company that was harmed, so his sentence was reduced to only 3 years.
PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG DALAM (INSIDER TRADING) DI PASAR MODAL Aji Sena Pamungkas; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1606

Abstract

In the midst of the increasingly developing dynamics of the capital market, law enforcement against insider trading in the capital market is a significant challenge. This crime not only harms many parties, but also threatens the credibility of the industry as a whole. This study will discuss the problems regarding the causes of insider trading and law enforcement against insider trading in the capital market. The approach method used in this study is normative juridical. The results of the study show that the occurrence of insider trading is caused by several things, including stock price fluctuations, the role of insiders, and a narrow understanding of the general principles of securities transactions. Law enforcement against insider trading cannot run optimally, including because Law Number 8 of 1995 concerning the Capital Market as amended by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector still adheres to the fiduciary duty theory, thus causing difficulties in proving and enforcing the law on insider trading. The limited authority of OJK investigators, the number of OJK investigators is too small, and inadequate facilities and infrastructure cause the process of examining and investigating insider trading crimes to be ineffective. The lack of public knowledge about insider trading crimes also provides an opportunity for many parties to carry out fraudulent practices in order to seek personal gain.
UPAYA POLRI DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR DI WILAYAH HUKUM POLSEK GALIS KABUPATEN BANGKALAN MADURA JAWA TIMUR Muafi; Andi Nurhidayah
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1607

Abstract

The crime rate of motor vehicle theft continues to increase along with the increasing economic burden and increasing unemployment rates. This has a significant impact on community welfare. This study discusses the factors causing motor vehicle theft and the efforts made by the Indonesian National Police (Polri) in overcoming motor vehicle theft in the jurisdiction of the Polsek Galis, Bangkalan Regency, Madura, East Java. The research method used is normative juridical combined with empirical juridical. The results of the study indicate that the factors causing motor vehicle theft in the Polsek Galis include economic difficulties, sociological factors (social interactions, lack of parental supervision of teenagers), environmental factors, and lack of vigilance and negligence of residents. The efforts made by the Polri in overcoming motor vehicle theft in the jurisdiction of the Polsek Galis show that the approach taken is more repressive. In addition, in handling motor vehicle theft cases in particular, the process carried out is to uncover the theft case, report it, then hold a meeting for evaluation. This allows for action to be taken to reduce and uncover motor vehicle theft. However, there are still challenges in practice, such as the lack of facilities and human resources, which are very important for the effectiveness of law enforcement.
TINJAUAN YURIDIS PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI TANAH DAN BANGUNAN SEBAGAI PERBUATAN MELAWAN HUKUM (Studi Kasus Putusan No. 56/PDT.G.S/2020/PN.BTM) Sumarni; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1608

Abstract

A sale and purchase agreement is an agreement between a seller and a buyer where the seller is bound to transfer ownership of an item to the buyer and the buyer is bound to pay the price of the item as agreed. In practice, the sale and purchase agreement often does not comply with the provisions that have been previously agreed upon, which can result in violations of the law. This study discusses the application of unlawful acts in the cancellation of the Sale and Purchase Agreement (PPJB) and the legal consequences of the cancellation of the PPJB as in Decision Number 56/Pdt.G.S/2020/PN.Btm. The results of the study indicate that the application of substantive civil law regarding unilateral cancellation of PPJB for land and buildings in Decision Number 56/Pdt.G.S/2020/PN.Btm is in accordance with the concept of unlawful acts. The unilateral cancellation of the PPJB by the defendant is contrary to the principle of fairness and is an unlawful act. In this case, the injured party has the right to receive compensation, as regulated in Article 1365 of the Civil Code, which states that every unlawful act that causes loss to another person requires the responsible party to compensate for the loss.
PELAKSANAAN PENYIDIKAN TERHADAP TINDAK PIDANA DESERSI DI SATUAN POLISI MILITER ANGKATAN UDARA (SATPOMAU) LANUD HALIM PERDANAKUSUMA Mohamad Shokib Hasan
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1609

Abstract

The issue of desertion often involves suspects who cannot be found so that Military Police action is needed to complete the investigation of desertion cases. This study discusses the investigation of desertion cases carried out at the Air Force Military Police Unit (Satpomau) Halim Perdanakusuma Air Force Base, the factors causing desertion among Indonesian National Army Air Force personnel, and the obstacles faced in the investigation of desertion cases at Satpomau Halim Perdanakusuma Air Force Base. The research methods used are normative and empirical legal research. The results of the study indicate that the investigation of the suspect was carried out in absentia because the suspect could not be called to provide information and could not be arrested because he was not found. Factors causing desertion include internal factors such as family problems, economic factors, the suspect's desire to desert, mental unpreparedness in carrying out military duties and responsibilities, faith and devotion to God Almighty, and lack of discipline. External factors include soldiers' lack of understanding of military regulations, accepting assignments that are not in accordance with expectations, and preferring to socialize in a free environment rather than obeying military regulations. The obstacles faced by the Military Police at Satpomau in investigating desertion cases include difficulty in summoning suspects, finding suspects, proving evidence only based on witness statements and attendance reports, examining suspects because they are not present, andinadequate facilities, infrastructure, and operational funds.
TINJAUAN YURIDIS TERHADAP PERKAWINAN ANAK DI BAWAH UMUR BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI WILAYAH KECAMATAN CAKUNG JAKARTA TIMUR Virza Syatri; Mugiati
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1610

Abstract

Legally, child marriage is considered invalid because it violates the regulations regarding the minimum age limit for marriage for men and women, including in Cakung District, East Jakarta. This study discusses the factors that cause child marriage and the role of the government in preventing child marriage in Cakung District, East Jakarta. The method used in this study is an empirical normative legal approach. The results of the study indicate that the factors that influence child marriage in Cakung District include parental/family factors, economic factors, individual willingness, media influence, and marriage due to accidents. To reduce the number of child marriages in Cakung District, the government has implemented several policies, including conducting socialization about child marriage in schools every six months, family planning socialization in villages or local health centers targeting parents and children, and distributing brochures in densely populated areas to invite parents and children to prevent child marriage.

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