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INDONESIA
Jurnal Begawan Hukum
Published by Universitas Ichsan Gorontalo
ISSN : 30310237     EISSN : 30267595     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Begawan Hukum (JBH) : Jurnal Begawan Hukum adalah jurnal ilmiah yang memfokuskan diri pada berbagai aspek ilmu hukum. Dengan nomor ISSN cetak: 3031-0237 dan ISSN daring: 3026-7595, jurnal ini memberikan akses terbuka kepada akademisi, peneliti, dan praktisi di seluruh dunia. Melalui platform, Jurnal Begawan Hukum memberi kesempatan bagi para penulis untuk mempublikasikan artikel penelitian mereka dalam berbagai bidang kajian ilmu hukum. Jurnal ini menjadi rumah bagi penelitian inovatif di berbagai bidang studi ilmu hukum. Menyoroti isu-isu terkini seputar hukum perdata, hukum pidana, hukum tata negara, dan hukum adat, Jurnal Begawan Hukum bertujuan untuk mendukung dan memajukan pemahaman global tentang kompleksitas hukum dalam masyarakat kontemporer. Dengan kebijakan akses terbuka, Jurnal Begawan Hukum berkomitmen untuk mendukung pertukaran pengetahuan terbuka, memfasilitasi dialog intelektual, dan mendorong penelitian yang berbasis pada hasil riset. sebagai sumber pengetahuan yang penting bagi mereka yang tertarik dalam memahami, mengkaji, dan merumuskan kebijakan dalam konteks hukum modern. Jurnal ini terbit 1 tahun 2 kali (April dan Oktober).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 36 Documents
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Analisis Putusan Hakim Dalam Tindak Pidana Lingkungan Hidup Oleh Korporasi
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.85

Abstract

This research aims to analyze the judge's decision regarding environmental crimes committed by corporations through Decision Number 190/Pid.B/LH/2020/PN Plw. This research uses a type of normative research with three approaches for the purposes of legal analysis and explanation, namely the case approach, statutory approach and conceptual approach. In contrast to previous research, this research specifically describes how judges interpret judges' interpretations in deciding cases of environmental crimes committed by corporations in more detail, not only from a criminal law perspective but also from the perspective of environmental law itself. The results of this research show that the Defendant in the "a quo" case is not a human being/person who can physically act and speak in front of the court, but rather a corporation with a legal entity, so in this case the Defendant PT. APAI must be represented by its administrator, namely Mr. GKE who is the Director of PT. WHAT. The defendant's actions were categorized as gross negligence because they reflected very serious negligence because they had a significant impact and were detrimental to the wider community. The defendant was not sentenced to prison but was only sentenced to a minimum fine in accordance with the provisions of Article 99 Paragraph (1). The defendant was also sentenced to additional punishment or disciplinary action in the form of reparation for the consequences of the criminal act even though this article was not included in the prosecutor's indictment. The additional punishment imposed is in the form of the amount of costs required to improve the environment in the amount of land that has been determined by taking into account the polluter pays principle and the precautionary principle. For this reason, the imposition of additional criminal sanctions should be decided by considering the concept of sustainable and environmentally sound development by taking into account various aspects including social, economic and environmental.
Praktek Due Process Of Law Dalam Sistem Peradilan Pidana Indonesia di Tinjau Dari Putusan Pengadilan Negeri Medan Tahun 2022-2023
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.89

Abstract

this article will present a discussion that focuses on the discussion of Hadith within the scope of multicultural, more precisely one of the existing multicultural values, namely about tolerance. There are several Hadiths that explain the importance of cultivating tolerance to deal with various differences. Because the Hadith is the second source of law after the Qur'an, it is necessary to analyze more deeply regarding the quality of the isnaad and its mat. Researchers use qualitative research methods, which refer to sources related to literature. The results of this study are, especially in Sahih Muslim hadith No. 1593, it can be concluded that the explanation related to the command to respect the body, even though the body comes from the Jewish religion, must still stand if the body passes, because this is one of the forms of tolerance that exists, and also respect for death itself. And there are many Isad in this Hadith that is Tsiqah, until it is concluded with Sahihul Isnad. And matan there are also syadz, even many of the Hadiths that explain a similar explanation, and there are also many verses of the Qur'an that support the exposure of the same discussion, and it can be concluded that the Hadith Sahih Muslim No. 1593 which discusses the chapter of the body, and related to this form of tolerance is Sahih.
Pertanggungjawaban Kepada Investor Reksadana Yang Mengalami Kerugian Akibat Wanprestasi Yang Dilakukan Manajer Investasi
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.90

Abstract

Parties or companies that manage their customers' managed funds into various investment instruments are known as investment managers in mutual funds. Mutual funds are highly recommended for novice investors because of their low capital and risk compared to other types of investment. In managing mutual funds, the investment manager is responsible for the securities portfolio and the collective investment portfolio. The portfolio is intended to minimize the risks that occur when managing investments, with the existence of a portfolio it is expected that the returns expected by investors can be achieved optimally in managing mutual funds. In managing mutual funds, there are always mistakes in anticipating the return expected by investors. Default is one example of an error that occurs. There are two causes of default: debtor (customer) and force majeure (overmacht or force majeure).  
Penyelesaian Wanprestasi Perjanjian Lelang Mobil (Studi Kasus Di Japan Bike Auction Cabang Sidoarjo)
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.91

Abstract

This research aims to examine legal protection and the consequences of default from buying and selling auctions via Instagram media. The type of research used is empirical juridical law, legal research carried out by collecting primary data or data obtained directly from research subjects through direct interviews. Based on the results of research at PT Japan Bike Auction regarding the settlement of auction agreement defaults, the following conclusions can be drawn: 1) Default at PT Japan Bike Auction Sidoarjo branch occurred due to several factors that triggered disagreements over the payment of proceeds after the car auction. These factors are divided into two, namely internal factors and external factors. The internal factors in this research are the element of intention, such as the lack of good faith on the part of the bidder in repayment of payments and the lack of legal awareness in the local community. The external factors in this research are due to inaccuracies between the physical vehicle and the vehicle documents that have been issued by the authorities and mistakes in making random bids and not being considered first when conducting a car auction at PT Japan Bike Auction Sidoarjo Branch. 2) The results of this research Indeed, it is not entirely in accordance with the articles stated in the Civil Code. However, the problem of default above can be resolved by means of family deliberation mediation so that this problem of default does not lead to court, because in resolving this problem the auction body and the bidders have discussed it. carefully so that this problem can be resolved quickly and does not drag on and this problem does not interfere with other auction processes that will be carried out by PT Japan Auction.
Upaya Pemenuhan Hak Politik Pemilih Pemula Warga Penyandang Disabilitas Dalam Pemilihan Umum Tahun 2019 Di Kecamatan Limboto Kabupaten Gorontalo
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.93

Abstract

This research aims to find out and analyze efforts to fulfill political rights for first-time voters with disabilities in the general election in Gorontalo Regency in 2019 and to find out and analyze the factors inhibiting the fulfillment of political rights for first-time voters with disabilities in the general election in Gorontalo Regency in 2019 , based on the title raised in this research, researchers see the weakness of Indonesia's defenses from attacks by things that endanger society, thousands of illegal drugs have been circulating throughout Indonesia. This research uses empirical methods. The data collection process examined by researchers in this research is primary data and secondary data. Data collection techniques that support and are related to this research are interviews, observation and literature study. The results of this research show that the KPU and the Government have ensured the implementation of efforts to respect and promote , protection and fulfillment of the rights of novice voters with disabilities to develop themselves and utilize all abilities according to their talents and interests to enjoy, participate and contribute optimally, safely, freely and with dignity in all aspects of national, state and social life. By socializing and expanding the network of first-time voters with disabilities to play an effective role in the general election system at all stages or parts of its implementation. Increasing the participation of people with disabilities in elections is also not easy. Every citizen has the right to social security necessary for a decent life and for full personal development. Every person with disabilities, elderly people, pregnant women and children have the right to receive special facilities and treatment. Accessibility problems are one of the factors that cause first-time voters with disabilities to not cast their votes optimally, as happened in Gorontalo where the Gorontalo Regency General Election Commission continuously coordinates with first-time voters with disabilities to ensure that these first-time voters with disabilities are still able to vote. exercise their rights when voting.
Analisis Hukum Terhadap Pemutusan Hubungan Kerja (PHK) di Hotel Maqna Gorontalo
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.94

Abstract

The purpose of this research is to find out the provisions regarding Termination of Employment Relations (PHK) in Law No. 13 of 2003 concerning Employment, and to find out the Settlement of Termination of Employment Relations (PHK) by the Maqna Gorontalo Hotel. The method used in this research is an empirical method. The research results found provisions regarding Termination of Employment Relations (PHK) in Law No. 13 of 2003 concerning Employment. There are layoffs by law which consist of, the work contract expires, failure to pass the probationary period and death, then there are layoffs by workers, namely resignation, urgent reasons, retirement, then finally layoffs by employers which consist of minor worker/labor mistakes, errors. heavy workers/labourers, Company closed for bankruptcy, force majeure, efficiency, Change of status, property, location, worker refuses, Change of status, property, location, entrepreneur/employer refuses, Worker/laborer with prolonged illness experiences disability due to work accident. Then the Settlement of Termination of Employment Relations (PHK) by Hotel Maqna Gorontalo has gone through various processes from internal to the mall, kinship, mediation to court, at the Industrial Relations Court with case number 36/Pdt.Sus-PHI/2021/PN Gto ending with the Company winning because the lawsuit was an error in person/wrong person being sued. It is also based on information from the employment party that the Company is not at fault but these employees do not accept that they were not called to another Company status.
Pengawasan DPRD Provinsi Gorontalo Terhadap Penerapan Peraturan Daerah Tahun 2020
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.96

Abstract

This research aims to find out how supervision is carried out by the Regional Representative Council of Gorontalo Province regarding the implementation of regional regulations promulgated in 2020. This type of research is Empirical Research. The research results show that the forms of supervision over regional regulations are divided into two, namely preventive supervision and repressive supervision. Preventive supervision is carried out before a regional regulation is passed. Repressive supervision is carried out after the regional regulation is passed, where what is supervised is the implementation of the regional regulation and is carried out by the Provincial Regional People's Representative Council. Repressive supervision in the implementation of regional regulations in Gorontalo Province is carried out by the Regional People's Representative Council in two ways: first, going directly to the field to directly observe the implementation of regional regulations; and secondly, hold an evaluation meeting on the implementation of the regional regulations by inviting agencies related to the regional regulations being supervised.
Perkembangan Hukum Administrasi Negara di Indonesia
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.97

Abstract

In general, regarding administration and its construction, it brings us to the administrative reality which is the basis for the government to carry out and exercise its authority. Law is the main basis for living life. Guarantee the principles of order and discipline so that order can be implemented. Guarantee a sense of freedom, security, comfort and order. In general, there is no point in including obligations or prohibitions for citizens in state administrative laws and regulations.
Perlindungan Hukum Bagi Pengguna Fintech Pinjaman Online
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.100

Abstract

This research investigates legal aspects related to protection for fintech users in the context of online lending in Indonesia. The background includes the rapid development of the fintech industry and the increasing use of online lending, which has created a need to evaluate the effectiveness of existing legal protections. This research uses a combination approach of regulatory analysis, case studies, and interviews with relevant stakeholders. The literature review involves the concept of fintech, related regulations, and legal protection challenges that users face. Research methods include in-depth analysis of applicable regulations, case studies of user experiences, and interviews with representatives of financial institutions and supervisory authorities. The results of this research provide a better understanding of the rights and obligations of fintech users in the online lending environment. Key challenges include legal uncertainty and unethical practices by some service providers. The research also suggests steps for improvement, including increased regulation, increased transparency, and user education. Thus, this research provides a comprehensive view of legal protection for online lending fintech users in Indonesia and provides a foundation for further improvements in industry regulations and practices.
Perlindungan Anak Yang Dipanggil Menjadi Saksi Dalam Kasus Pidana Oleh Peran Dinas Pengendalian Penduduk, Keluarga Berencana, Pemberdayaan Perempuan Dan Perlindungan Anak (PP2KPPA) : (Studi Di Dinas PP2KPPA Kota Gorontalo)
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.101

Abstract

This study discusses the role of the Office of Population Control, Family Planning, women's empowerment, and Child Protection (DP2KP2A) of Gorontalo City against children who are called as witnesses in criminal action cases. The child has a special position in the law and needs protection and guidance so that his rights are guaranteed. Although the law provides protection, there are obstacles to its implementation. This study aims to determine the role of DP2KP2A and inhibitory factors in protecting witness children in Gorontalo. The research method used is descriptive qualitative by collecting data from relevant agencies and field observations. The results showed that DP2KP2A has an important role in providing protection to children who become witnesses. For example, by socializing and advocating to the community and providing assistance to children who become witnesses from the beginning he was dealing with the law. In addition, the psychological treatment of children who become witnesses becomes the attention of the government by providing free servants from direct psychological doctors for free. however, there are several obstacles, 1) administrative constraints that can hinder the continuity of the service in providing pendampngan to children who become witnesses. 2) time constraints that affect the effectiveness of Service. The conclusion of this study is Dp2kp2a Gorontalo city has a significant role in protecting witness children, but constraints such as time synchronization and administration affect the effectiveness of services. Therefore, further efforts are needed to improve coordination between related institutions and simplify administration to ensure the rights of children are properly protected.

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