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Fakultas Hukum Universitas Wiraraja Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451
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Jurnal Jendela Hukum
Published by Universitas Wiraraja Sumenep
ISSN : 23555831     EISSN : 23559934     DOI : https://doi.org/10.24929/fh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL JENDELA HUKUM ini diterbitkan berkala Oleh Fakultas Hukum Universitas Wiraraja Sumenep sebagai media komunikasi dan pengembangan ilmu. Fakultas Hukum menerima naskah tulisan ilmiah berupa hasil penelitian, konseptual, dan telaah buku baru di bidang Hukum. Tulisan yang dimuat merupakan karya asli penulis, bukan mencerminkan pendapat dari pihak Fakultas Hukum. Penulis bertanggung jawab atas tulisannya yang dimuat pada jurnal ini. Fakultas Hukum berhak menerima, menolak, atau mengadakan koreksi tanpa mengubah maksud tulisan. Frekuensi Terbit Setahun 2 kali (April dan September)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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PERTANGGUNGJAWABAN PIDANA PEMBUAT SERTIFIKAT AKSIN COVID-19 TANPA VAKSINASI Moh. Zeinudin; R. Aj. Nindya Rizky Utamie
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2951

Abstract

Covid-19 rocked Indonesia in early 2020. In the course of time, Covid-19 has spread to 34 provinces in Indonesia. The member of these cases is increasing every day. Cries of confusion from the people sounded fromall directions. In dealing with this, the Government of Indonesia issued a program that cannot be separated from the pro and con attitudes of the community, namely the vaccination program. Behind this program it turns out that it also gave birth to several “rogue” parties who became the issues of the Covid-19 Vaccine Certificates without going through the vaccination proces either in the form of letters of electronic documents. Some experts have dismissed the issue of this. Things like this are the Government’s homeworks to be throughly investigated and no longer appear in the community.
POLITIK HUKUM (konsep Oligarki Dalam Pandangan Siyāsah Syar'iyah) Miftahol Fajar Sodik
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2952

Abstract

Political oligarchy represents a political system controlled by minorities in a country. Participation in the exploitation of the government of small groups often results in justice, arbitrariness that has political ownership rights of the small community, who have them as the bourgeoisie in the status of national and state life. The view of siyasah syar'iya which is derived from the principles of the Koran and hadith explains that the existence of apolitical system must be directed towards religious maintenance and social harmonization, therefore the existence of the government is burdened as a mandate for the welfare of society without differences in social status. As for one of the practices of nationalism without social differences taught by the Prophet Muhammad, it can be seen from the context of the Medina Charter as a constitution and a joint commitment between Muslims and non Muslims to live as a state with a common goal of being able to live in prosperity both socially, economically and political. As for the problems in this article, namely those related to Jeffrey A. Winters' views regarding political oligarchy and how the views of siyasah syar'iyah criticize it, this research is a library research which is descriptive analysis in nature.
PERLINDUNGAN HUKUM KHUSUS BAGI ANAK DALAM MASA PANDEMI COVID-19 OLEH DP3A KOTA SEMARANG Saraswati, Rika; Soerjowinoto, Petrus; Boputra, Emanuel
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2433

Abstract

Many Indonesian children lost their parents who died because of Covid-19. These children need special protection and have rights that must be fulfilled by governments (either central or local). The aims of this study are to: 1) find out the role of the Semarang City Women's Empowerment and Child Protection Service (DP3A) in carrying out special protection for children whose parents died due to the COVID-19 pandemic and 2) find out the obstacles that are faced by DP3A in implementing this special protection. This research is a non-doctrinal (empirical) legal research and the data used are primary and secondary data. Primary data was obtained through interviews with the Office of Women's Empowerment and Child Protection (DP3A) Semarang City. Secondary data was obtained through literature study related to legal materials according to the research topic. The results of the study demonstrate that the Office of Women's Empowerment and Child Protection (DP3A) has carried out an imperative role in accordance with its duties and functions in accordance with applicable laws and regulations, namely in the field of child protection. The obstacles faced by DP3A are: limited authority and incomprehensive policy.
PERLINDUNGAN HUKUM BAGI TENAGA KERJA DENGAN STATUS PERJANJIAN KERJA WAKTU TERTENTU (PWKT) BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Pulungan, Ishar
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2442

Abstract

This paper discusses the Legal Protection for workers with the status of a Specific Time ork Agreement according to Law Number 11 of 2020 concerning Job Creation. Certain time work agreements are considered to be a lot of problems between workers and ompanies, especially in terms of contracts that should have switched status from a specific time work agreement (PKWT) to an indefinite time work agreement (PKWTT). So ar, the Specified Time Work Agreement (PKWT) is regulated in Law Number 13 of 2003 concerning Manpower, but with the passing of Law Number 11 of 2020 concerning Job reation, there have been many pros and cons, especially in terms of Specified Time Work Agreements (PKWT). The purpose of this research is to find out about legal protection for aborers with PKWT status based on Law Number 13 of 2003 and law no 11 of 2020. The esearch conducted in this journal uses normative juridical research. The government rgues that the new rules contained in Law Number 11 of 2020 to protect workers' rights also minimize disputes between workers and companies, but from the workers' side, they hink that this new law is oppressive to workers, especially in the specific time work greement (PKWT) section. So far, workers who are bound by a certain time work agreement still have hope to be contracted permanently if they are contracted for more than 3 years by the company, but in the Job Creation Law, workers with a certain time work agreement can be contracted continuously forever.
TINJUAN YURIDIS KASUS TINDAK PIDANA PENCURIAN DALAM KELUARGA Hutomo, Irfan Rizky; Giyono, Urip; Amala, Muh Alfi Ihsanu
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2843

Abstract

"Juridical Review of the Crime of Theft in the Family" This research is motivated by the various efforts made by the authorities and the community members themselves to eradicate the crime of theft. Law enforcement for the crime of theft in the family is not only the task of law enforcement officials, but also participation from within the family, among other things, this can be minimized by efforts to provide knowledge about the law to the family members themselves. In this study, the authors used descriptive qualitative analysis method, which is a research method based on postpositivism philosophy used to examine natural object conditions (as opposed to experiments) where the researcher is the key instrument of data collection techniques. The offenses referred to in Article 367 paragraph (2) and paragraph (3) of the Criminal Code are relative complaint offenses, namely offenses in which the existence of a complaint is only a requirement so that a perpetrator can be prosecuted.
PERLINDUNGAN HUKUM TERHADAP PENUMPANG ANGKUTAN UMUM YANG MENGALAMI TINDAKAN OVERLOAD Putri, Ayuning Tyas Azis; Andyanto, Hidayat; Anwar, Moh.; Anita, Anita
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2844

Abstract

In general, people use public transportation such as buses as a mode of transportation for travel-related activities. However, since the ignorance of passengers in transportation is often at the disadvantage, it is important to protect their interests. The aims of this study were to: 1) find out the legal rules for public transportation based on the load of passengers and goods and 2) find out the legal protection for passengers if they take public transportation that is experiencing an overload action. This study uses normative juridical research methods, using primary legal materials, secondary materials and tertiary legal materials. The results of the study show that the rules for transportation based on the load of passengers and goods may not be combined, but there are additions to Article 4 paragraph 2 and Article 10 paragraph 3 of the Republic of Indonesia Government Regulation No. 74 of 2014 concerning road transportation, regulations may be used if they meet the applicable requirements. Meanwhile, for legal protection for passengers who experience excessive acts, there is social insurance for passengers formed by the government which refers to jasa raharja insurance. The settlement can be through two, namely litigation and non-litigation
PENDAFTARAN PERALIHAN HAK MILIK ATAS TANAH KARENA JUAL BELI DALAM MEWUJUDKAN TERTIB ADMINISTRASI PERTANAHAN Suryaningsih, Suryaningsih; Zainuri, Zainuri
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2845

Abstract

Land is one of the most important factors in human life, everyone needs land for various forms of activities. Based on the provisions of Article 6 paragraph (2) of Government Regulation Number 24 of 1997 that in carrying out land registration, the Head of the Land Office is assisted by the Land Deed Official (PPAT) and other officials determined by statutory regulations. Based on this, this work is to know and understand the implementation of the registration of the transfer of ownership rights to land due to sale and purchase, whether the transfer has realized the orderly administration of land. The implementation of the registration of the transfer of land rights with the status of property rights due to sale and purchase at the Land Office makes the Land Administration Orderly must be implemented in accordance with the regulations governing the transfer of property rights to land due to sale and purchase.
EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DI ERA PANDEMI (TELAAH KAJIAN MASLAHAH MURSALAH) Rofiqi, Imam; Rusfandi, Rusfandi; Anita, Anita
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2861

Abstract

The government has a program for small entrepreneurs in terms of activating the provision of credit to weak economic groups for the welfare of people's lives. Credit granting programs with a Fiduciary system can help credit recipients and credit providers. If the guarantee right can be executed quickly with a simple, efficient process and contains legal certainty, this is one of the parameters of a material debt guarantee. This research method uses the Juridical Empirical method, which is an approach taken to analyze the effectiveness of a regulation/legislation or existing law. In this case the approach is used to analyze qualitatively the implementation of fiduciary guarantees in Indonesia. This study uses primary data, namely data obtained directly from the field through an interview process and secondary data, namely examining various legal materials through library research. The analysis used in this research is qualitative analysis which draws conclusions using deductive analysis. Fiduciary Guarantee Law Number 42 of 1999 regulates the execution of Fiduciary Guarantees in Indonesia where there are various variations of the execution, therefore the parties can choose which execution model they want. However, in practice how to carry out the execution of fiduciary guarantees when there are problem loans, many still do not know, especially the implementation in pawnshops, which in fact have just handled the fiduciary system installment credit program. Which model is used by creditors throughout Indonesia. It is hoped that by knowing the system, model or method of executing fiduciary guarantees in this study, people will know more about the ins and outs, their rights and the consequences when taking credit with fiduciary system installments to creditors.
PERTANGGUNGJAWABAN PIDANA PEMBUAT SERTIFIKAT AKSIN COVID-19 TANPA VAKSINASI Zeinudin, Moh.; Utamie, R. Aj. Nindya Rizky
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2951

Abstract

Covid-19 rocked Indonesia in early 2020. In the course of time, Covid-19 has spread to 34 provinces in Indonesia. The member of these cases is increasing every day. Cries of confusion from the people sounded fromall directions. In dealing with this, the Government of Indonesia issued a program that cannot be separated from the pro and con attitudes of the community, namely the vaccination program. Behind this program it turns out that it also gave birth to several “rogue” parties who became the issues of the Covid-19 Vaccine Certificates without going through the vaccination proces either in the form of letters of electronic documents. Some experts have dismissed the issue of this. Things like this are the Government’s homeworks to be throughly investigated and no longer appear in the community.
POLITIK HUKUM (konsep Oligarki Dalam Pandangan Siyāsah Syar'iyah) Sodik, Miftahol Fajar
Jurnal Jendela Hukum Vol 10 No 1 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i1.2952

Abstract

Political oligarchy represents a political system controlled by minorities in a country. Participation in the exploitation of the government of small groups often results in justice, arbitrariness that has political ownership rights of the small community, who have them as the bourgeoisie in the status of national and state life. The view of siyasah syar'iya which is derived from the principles of the Koran and hadith explains that the existence of apolitical system must be directed towards religious maintenance and social harmonization, therefore the existence of the government is burdened as a mandate for the welfare of society without differences in social status. As for one of the practices of nationalism without social differences taught by the Prophet Muhammad, it can be seen from the context of the Medina Charter as a constitution and a joint commitment between Muslims and non Muslims to live as a state with a common goal of being able to live in prosperity both socially, economically and political. As for the problems in this article, namely those related to Jeffrey A. Winters' views regarding political oligarchy and how the views of siyasah syar'iyah criticize it, this research is a library research which is descriptive analysis in nature.

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