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Muhammad Hendri Yanova
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INDONESIA
Jurnal Penegakan Hukum Indonesia (JPHI)
Published by Scholar Center
ISSN : 28084896     EISSN : 27467406     DOI : https://doi.org/10.51749
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406 P-ISSN: 2808-4896) is a Double Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project in collaboration with Law office of SAP. JPHI publishes three times a year on February, June and October, provides with open access publication to support the exchange of global knowledge. The submission shall follow the blind peer-reviewed policy which aims to publish new work of the highest caliber across the full range of legal scholarship, which includes but not limited to works in the Philosophy of Law, Theory of Law, Sociology of Law, Socio-Legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Business Law, Constitutional Law, Human Rights Law, Civil Procedure Law and Customary Law. All papers submitted to this journal can be written either in English or Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 79 Documents
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Application For Marriage Dispensation Post Application Of Law Number 16 Year 2019 Concerning Marriage In Jombang Maya Shofia; Muhammad Andri
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.71

Abstract

The applicable law has also been updated to adapt to the current situation and time, if it is deemed irrelevant then the applicable law will be abolished and replaced. With the new law, there will be impacts that arise both in society and in law enforcement officials. Consideration of the decision of the Religious Courts in adjudicating cases of marriage dispensation must also be in accordance with the evidence and testimony submitted during the trial so as not to injure the applicable law. The purpose of this study is to find out how effective the application for marriage dispensation is after the enactment of Law Number 16 of 2019. And how is the legal basis for adjudicating marriage dispensation cases at the Jombang Religious Court. This study uses descriptive qualitative research and a sociological approach is applied through data and statements obtained from the interaction between the researcher, the object under study, and the people in the research place. The results of this study indicate that the enactment of Law Number 16 of 2019 has an impact on the Religious Courts by increasing the number of requests for cases of filing early marriage dispensations, many factors have influenced this increase based on the provisions of PERMA Number 5 of 2019 which regulates the procedure for adjudicating Early marriage dispensation cases so that the current trial is more complicated than before.
Tindak Pidana Pencemaran Laut Akibat Tumpahan Di Balikpapan Dalam Perspektif Hukum Pidana Lingkungan Yulianor Abdi
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.72

Abstract

The Panamanian-flagged ship MV Ever Judger, whose captain and the crew were all Chinese nationals, crashed into a pipeline belonging to PT Pertamina Refinery Unit 5 Balikpapan, breaking the pipe and dragging the ship, causing contamination of the sea by the oil. Because of this incident, we are interested in discussing: (1) How is the criminal responsibility for the perpetrators of the marine pollution due to oil spills? (2) Who is responsible for the oil spill case in Balikpapan? This research uses normative research methods. The results and discussion concluded: First, criminal liability is not only applied for individuals in that Ship but also to the corporations. Second, the application of the law regarding criminal acts of environmental pollution contains in-laws and regulations relating to environmental protection and management.  The criminal provisions regarding environmental pollution exist in chapter XV regarding the criminal provisions of Act 32/2009. Regarding criminal sanctions for criminal acts of environmental pollution contained in Article 97 to Article 120 of Act 32/2009.
Delegation Of Medical Tasks And Delivery Of Information By Doctors To Nurses Based On Law Number 38 Of 2014 Concerning Nursing Herry Febriadi
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.75

Abstract

Delegation is the delegation of authority in the process of transferring duties and responsibilities given by doctors to nurses, program implementers, or services to carry out certain tasks within a certain time. Legal actions in the medical world are carried out with the delegation of authority and informed consent in the provision of health care. Health is a human right that is recognized and protected by the 1945 Constitution of the Republic of Indonesia. Based on the results of the study, it is understood that the application of the law regarding the legal force of delegation of authority and informed consent must be carried out correctly following the Standard Operating Procedures (SOP) that have been established. there are, in addition, medical and non-medical already know and understand the rules and consequences of the actions to be taken in connection with the delegation of authority and the provision of informed consent.
Sanksi Pidana Tentang Pencemaran Nama Baik Melalui Media Internet Sri Herlina
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.76

Abstract

Later, there were reports about defamation allegations by various parties. The causes vary, ranging from writing on mailing lists, forwarding emails, reporting corruption, reporting events in the media, revealing research results, and a series of other actions. This study aims to describe the legal arrangements regarding defamation in Indonesian criminal law and criminal sanctions for perpetrators of criminal defamation through the internet media. The type of research used is normative legal research, that is, research that focuses on norms and this research requires legal materials as the main data. Meanwhile, the nature of the research that the author uses is research that is descriptive analytical in the sense that all legal materials that the author gets will be described and described and then analyzed. The results showed that: The regulation of defamation law as stipulated in the Criminal Code interprets that, the main element of the criminal act of defamation is the intention to attack a person's honor or good name so that the general public knows about it, as well as the absence of elements for the public interest and / or self-defense in it. This criminal act of defamation is also a complaint, where a person who defames another person cannot be prosecuted if there is no complaint from the person who has been defamed, as stipulated in Article 319 of the Criminal Code. As for the criminal liability for perpetrators of criminal defamation in the ITE Law, this is contained in article 51 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions in which a person who disseminates electronic information that contains insults and/or defamation and results in losses to others will be subject to a maximum prison penalty of 12 years and/or a maximum fine of 12 billion rupiah.
Evaluasi Kebijakan Tarif Cukai Rokok Elektrik Guna Mendorong Persaingan Usaha Yang Sehat Mukti Fajar ND
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.78

Abstract

The tariff on the open and closed liquid system of e-cigarettes has a significant gap. Both products have the same characteristics, with the main difference in the liquid-filling mechanism. The open system allows the user to fill in manually, while in the closed system the liquid and shells are just installed into the device. Even though they both contain the same substance, the tariff on the closed system (Rp. 6,030/ml) is 14 times higher than the open system (Rp. 445/ml). Therefore this study is focussing on aspects of tariff policy on e-cigarettes from the competition law. This research is directed to evaluate the e-cigarette tariff policy in competition law as an effort to strengthen the function and role of the government to promote fairness in competition. This research was conducted using a normative/doctrinal juridical method. The results of the study indicate that differences in tariff rates have caused polemics not only from a business standpoint but also from the role and function of the government as a regulator of fair business competition. Separation and differentiation of tariff rates on Open Systems and Closed Systems have led to unequal treatment in business competition. This policy is detrimental to the business actors because they have to pay a tariff rate 14 times higher than that of their competitors. Whereas in order to carry out its functions and roles, the government should act as the competition policy maker and as an advocate of competition. Thus the government as a regulator plays an important role to create responsive and fair policies for business competition.
Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi Ditinjau Dari Asas Praduga Tidak Bersalah (Presumption of Innocence) Bayu Dwi Putra; Muhammad Hendri Yanova
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.79

Abstract

This study aims to examine and analyze the regulation and application of the reverse evidence system in the Corruption Eradication Act. This research is a normative legal research, the nature of prescriptive research is to re-examine according to legal theory against norms that are considered still unclear. The results of this study indicate that the regulation of reverse proof of corruption begins with Law Number 3 of 1971 concerning the Eradication of Criminal Acts of Corruption which has explicitly included it in Article 17. In its development, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption also regulates the reverse evidence, namely in Article 37. However, the policy in the formulation of the reversed evidence has not been able to represent the circumstances and situations in handling corruption crimes at that time where corruption was an extraordinary crime that had caused financial losses. country. The issuance of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes provides a clearer policy direction than the previous law, namely by improving the formulation of reverse evidence. The implication of the reverse proof system with this change is that there are two types of reverse proof systems contained in the law on eradicating corruption, namely balanced limited reverse proof and pure/full reverse proof.  
Mekanisme Eksekusi Sita Jaminan Aset Kripto di Indonesia Chiquita Andina Putri; Yati Nurhayati; Iwan Riswandie
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.82

Abstract

Cryptocurrency is a type of virtual currency that works similarly to real money and enables users to virtually send payments for transactions involving business. With the development of crypto assets today, several pawn and loan institutions accept crypto assets as collateral objects. In the case of pawning, default can also occur which requires that the collateral from the debtor be confiscated in the event of default. The purpose of this study is to determine the legal strength of crypto assets used as collateral objects and to find out the execution mechanism for crypto asset confiscation in Indonesia in the event of default. This study used a normative juridical research method for its research. The type of information used in this study is secondary information, specifically information found through library research. The result of this research is that crypto assets can be used as collateral objects, but not as main collateral. Crypto assets as collateral objects already have strong legal force, this is based on Book II of the Civil Code, Law no. 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading, Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Crypto Asset Market on the Futures Exchange. In terms of regulating the confiscation of crypto assets, it can be said that currently in Indonesia itself there are no special regulations and special institutions that regulate the confiscation of crypto assets. But the process of confiscation of crypto assets can be carried out with procedures such as foreclosure of other material guarantees.
Pelanggaran Lalu Lintas Dengan Menggunakan Kendaraan Atas Nama Orang Lain Dalam Perspektif Nilai Keadilan Apriansya Sinatra; Wandi Saputra; Muhammad Hendri Yanova; M. Febry Saputra
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.83

Abstract

The goal to be achieved in this legal research is to find out about the position of ownership in imposing sanctions on vehicle owners for traffic violations through Electronic Traffic Law Enforcement by other people which reflects the value of justice. In this study, normative research is used, namely research that obtains legal materials by collecting and analyzing legal materials related to traffic violations by using vehicles on behalf of other people in perspective of the value of justice. The nature of the research in writing this thesis is the nature of prescriptive research, namely the nature of research that re-examines according to legal theory against norms that are considered to be vague (vage of norm) and finds ideal and most applicable answers. The results of this study indicate that: First, enforcement of traffic violations through Electronic Traffic Law Enforcement uses the CCTV feature to identify evidence of traffic violations. The data taken in the form of license plate numbers, types of vehicles, and types of violations identified. Second, the Electronic Traffic Law Enforcement system is still not equipped with a facial scan feature to determine whether the perpetrator of the violation is really the owner of the vehicle. In addition to vehicles detected by Electronic Traffic Law Enforcement, owners who do not commit violations must take legal action to prove their guilt.
Hakim Ad Hoc Pada Penyelesaian Perkara Lingkungan Hidup Dalam Sistem Peradilan Di Indonesia Novita Endah Lestari
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.84

Abstract

This study aims to examine the concept of ad hoc judges in environmental courts. This research is normative legal research, the nature of prescriptive research. The results of this study indicate that environmental cases resolved in general courts have not been able to provide ecological justice and instead have resulted in decisions that are not in favor of the environment. The role of judges is necessary to protect human or non-human (environmental) interests that are violated. In protecting human and non-human (environmental) interests that are violated. Having an ad hoc environmental judge who understands environmental issues is expected to be able to give a fair and wise decision.
Pembagian Harta Bersama Pada Saham Pendirian Perseroan Terbatas Lintang Fajarisya Setiawan
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.85

Abstract

Divorcement of husband and wife does not necessarily terminate all matters between both divorced parties, there are legal consequences to be considered, one of which is joint property that must be shared. Positive law in Indonesia does not yet fairly regulate distribution of joint assets in shares of Limited Liability Companies in the Decision of the Supreme Court number 80/Pdt.G/2020/PN.JKT.UTR. Following the case above, the author is interested to discuss: (1) How is the distribution of joint assets in shares of the establishment of a limited liability company? (2) What are the Legal Consequences for the Distribution of Joint Assets to Limited Liability Company Shares? This study uses normative research methods. Several conclusions can be drawn from the results and discussion. First, in case the company is established by husband and wife then divorced, one of them must sell their shares to another person within 6 months, if after 6 months the shares have not been transferred to another person, all losses or legal consequences of the company is the responsibility of either husband or wife, and if there is an interested third party, they can apply for the company dissolution to the local District Court. Second, that the assets of a limited liability company established by husband and wife, any losses as long as the shareholder is a sole shareholder, will be the responsibility of the sole shareholder and borne by the assets of the shareholder. As legal protection provided by the law of limited liability company on the legal consequence is that each limited liability company shareholder becomes sole because of the reduction in the company's shareholder, then the law provides a period of 6 months to sell part of its shares to other parties.

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