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Fakultas Hukum Universitas Wiraraja Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451
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INDONESIA
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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PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA RENTAL MOBIL AKIBAT PENYEWA YANG BERIKTIKAD TIDAK BAIK Elmanzah, Fajar; Sugiarti, Yayuk; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2970

Abstract

The reason behind this research is the delay in returning the rental car that is not in accordance with the agreed time limit in the practice of car leasing. This research examines the problem of how legal protection for owner of car rental business and legal consequences for each party in the event of default on a car rental agreement based on Indonesian Civil Code. The research method used by the author to complete the thesis is the normative juridical legal research method, namely analyzing a problem based on laws and regulations and conducting literature studies such as book literature and other documents. The result of this research is to know that civil law protects the rights of entrepreneur who are harmed by renter based on the strength of the lease agreement in article 1320 and article 1338 of the Civil Code. Renters are also protected by law regarding their right to be free from liability due to force majeure based on articles 1244 and 1245 of Indonesian Civil Code. It can be concluded that business actors and renter must understand their respective responsibilities and rights and obligations based on existing legal rules based on the principle of good faith.
ANALISIS PERJANJIAN PINJAM NAMA PADA JUAL BELI TANAH DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1960 Jo. PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 Naiborhu, Yoshua Putra Dinata

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.2975

Abstract

Nominee agreement in practice, to have ownership rights to land in Indonesia, legal subjects who do not have the authority to own land with ownership rights, choose to use a nominee agreement. The nominee agreement is used by borrowing someone else's name just only to be recorded on the land certificate, not the owners. This legal research has 2 (two) objectives. First, to analyze and understand the validity and legal consequences of the nominee agreement of buying and selling lands in Indonesia. Second, to analyze dan to understand legal protection to land buyers wich buy lands with a nominee agreement. This research was conducted using normative legal research methods. This type of research is descriptive. Based on the results of research and analysis conducted, the authors obtained 2 (two) results of the discussion. First, UUPA Jo PP 24 of 97 does not recognize and does not accommodate the validity of the nominee agreement on the sale and purchase of land based on Article 19 Paragraph (1) UUPA Jo. Article 32 Paragraph (1) PP 24 of 97 which states that a certificate is a proof of right that applies as a strong means of proof. Article 5 of the UUPA also states that the agrarian law that applies to earth, water and space is customary law. Second, legal protection for land buyers is divided into two, preventive legal protection and repressive legal protection.
STUDI KOMPARATIF ABORSI DI INDONESIA DAN KOREA SELATAN DALAM PERSPEKTIF FEMINIST LEGAL THEORY Utamie, R. Aj. Nindya Rizky
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2976

Abstract

Abortion in Indonesia is still considered taboo and criminalized, while abortion in South Korea is the opposite. Countries that use the same legal system do not mean their regulations are also the same. Abortion raises different opinions from Pro-Life and Pro-Choice people. Analysis of feminist legal theory, especially radical feminism, is used to see the response of Indonesia and South Korea to abortion. This research aims to: 1) determine abortion regulations in Indonesia and South Korea; and 2) analysis of feminist legal theory regarding abortion in Indonesia and South Korea. This research is normative legal research or doctrinal research, using a statutory-regulatory approach, contextual approach, and comparative study. The data sources used are primary legal materials, namely Law Number 17 of 2023 concerning Health, the Criminal Code, and Law Number 1 of 2023 concerning the Criminal Code. Secondary legal materials are in the form of literature reviews related to legal materials that are appropriate to the research topic. The research shows that abortion in Indonesia is not fully legalized, in contrast to South Korea which has lifted the ban on abortion after the decision of the South Korean Constitutional Court. Based on the analysis of Feminist Legal Theory, Indonesia still has not accepted and accommodated all forms of demands from feminism, while South Korea considers abortion to be a woman's right and what is within a woman is her full right.
REKLAMASI PANTAI DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PENGELOLAAN WILAYAH PESISIR DAN PULAU PULAU KECIL Sodik, Miftahol Fajar; Rofiqi, Imam

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2977

Abstract

The beauty of nature and all geological ecosystems is a gift from Almighty God which was created for humanity as subjects to manage, use and be responsible for preserving all the beauty of the third planet called Earth, so that all living creatures that inhabit that place can live in mutualistic symbiosis. Irresponsible use and exploitation of natural resources is a threat in living together so that it is not uncommon to find land dredging, conversion of functions and even beach reclamation which can result in natural disasters and imbalance in the geological ecosystem. In this journal, we will explain how legal provisions (formal juridical) protect and regulate the use of natural resources in contact with oceans and beaches, so in this case the author uses an approach and study method of applicable legal rules (positive law) by explaining the contents of the law. -laws that regulate the extent of legal protection for the use of nature in a civil society.
PENGGUNAAN GAS AIR MATA DALAM PENGAMANAN PERTANDINGAN SEPAKBOLA DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Putra, Dery Irawan Aditya; Zeinudin, Moh.; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2978

Abstract

Result observationaling to point out 1. FIFA'S order and also PSSI was clear about sharp weapon purpose and Lachrymator may not be brought in evenless is utilized at deep stadium and also stadium outboard, that thing most decants deep section 19b. " No. fire arms or crowd control gases shall be carried or used (May not take in or utilizes firearm or lachrymator),", 2. forbidden FIFA order marks sense lachrymator, therefore law accountability did by football chairman or at so-called Indonesia with PSSI and Panita Is Executor or Panpel. But, since at oft lachrymator purpose Indonesia did by agency, therefore agency is mustinya even do law accountability as it were has already been brought together deep Section 13 Kapolri's regulations Number 1 Years 2009. FIFA'S conclusion and PSSI was clear forbidden deep water gas purpose because will trouble eye health stops the show.
PENYELESAIAN TINDAK PIDANA PENADAHAN DENGAN PRINSIP RESTORATIVE JUSTICE DALAM TAHAP PENYIDIKAN Rudiyanto, Rudiyanto; Zeinudin, Moh.; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2979

Abstract

The crime of detention can be resolved using the principles of Restorative Justice. Looking at the discussions above, it is clear that according to the legal rules restorative justice can be applied in criminal acts of detention as in Article 480 and Article 482 of the Criminal Code.
STATUS KEWARGANEGARAAN ANAK SEBELUM ADANYA UNDANG-UNDANG KEWARGANEGARAAN NO. 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Handayani, Pristika; Giyono, Urip
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2980

Abstract

The purpose of this paper is to analyze normatively regarding children resulting from marriages of different citizens, which in this case is regulated in law number 12 of 2006 concerning citizenship. Children from mixed marriages have the right to determine or choose citizenship. In the case of a child's citizenship, it can be obtained after the child is 18 (eighteen) years old. Children can determine their own citizens because they are considered adults in accordance with the provisions stipulated in the Civil Code. With the regulations governing citizenship, it is hoped that later there will be no unrest for children, and also children's rights will be maintained, especially in terms of administration in Indonesia.
PELANGGARAN TERHADAP MEREK TERKENAL YANG DITIRU OLEH PELAKU USAHA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Wahedani, Ahmad; Sugiarti, Yayuk; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2981

Abstract

The large level of consumption that makes other industries take advantage of well-known brands to gain profits and make famous brands by imitating or counterfeiting these brands. The circulation of counterfeit or imitation goods (hereinafter referred to as KW) has been widely circulating in the market, the widespread circulation of counterfeit goods has made many parties uneasy. The act that causes this loss is an act of violation of the mark. One of the main issues that can be put forward is what is the responsibility for business actors who imitate well-known brands and how is the legal protection for owners of well-known brands that are imitated. The objectives to be achieved are to find out and analyze the responsibility for business actors who imitate well-known brands and also to find out and analyze how the legal protection for owners of famous brands that are imitated is. The research method used in this thesis research is Normative Jurisdiction. The research method used aims to complete this thesis research. This type of research is normative, namely the type of research that emphasizes the applicable laws and regulations. Responsibilities for business actors who imitate well-known marks in the form of civil law can be sued for compensation because it is an unlawful act to use trademark rights without obtaining prior approval and permission from the owner/holder of the rights to the registered mark. In criminal sanctions according to the provisions of Article 100-102 Law Number 20 of 2016 concerning Marks and Geographical Indications by trading counterfeit goods using well-known brands.
PERTANGGUNGJAWABAN PELAKU USAHA ATAS KERUGIAN WISATAWAN MENURUT UNDANG-UNDANG NOMOR 10 TAHUN 2009 TENTANG KEPARIWISATAAN Ababil, Maulana Rouf; Sugiarti, Yayuk; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2982

Abstract

According to the Law of the Republic of Indonesia Number 10 of 2009 concerning tourism, it is stated that tourism is a variety of tourist activities and is supported by various facilities and services provided by the community, businessmen, government and local governments. The formulation of the problem of this thesis is how is the form of legal protection for tourists and how is the form of responsibility of tourism business actors towards tourists. The purpose of writing this thesis is to find out and get a solution from the formulation of the problem. The research method in writing this thesis is normative by using a statutory approach with several sources of primary and secondary legal materials, as well as tracing legal materials through legislation and other literature. In the context of legal protection for tourists, what needs to be protected is the rights of tourists. Every tourist has the right to comfort, safety and to get fair treatment and the best possible service from the country where the person concerned visits the tourist spot. Countries where tourists visit must provide security and safety for tourists based on existing laws and regulations. Law Number 10 of 2009 concerning Tourism already regulates the rights and obligations of tourists and tourism entrepreneurs. Article 20 regulates the rights of tourists, including: accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights, and insurance protection for high-risk tourism activities.
PENGENDALIAN PENCEMARAN AIR UNTUK KESEHATAN LINGKUNGAN YANG LEBIH BAIK DI KABUPATEN SUMENEP Drajat, M. Raofikin; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3052

Abstract

The progress in the industrial sector has the potential to produce waste that can pollute and damage the environment. Wastewater is a major problem because it can have a negative impact on the environment and public health. Water pollution occurs because business owners does not manage wastewater at Wastewater Treatment Plant (IPAL). This research aims to analyze the implementation of water pollution control policy especially that caused by the shrimp pond industry in Sumenep Regency and solving the problems. This research is a normative juridical research, legal science approach and primary data as the main data is obtained from various legal materials related to research supported also by secondary and tertiary data as additional data. The results showed that the implementation of Sumenep Regency Regent Regulation No. 1 of 2016 concerning Water Quality Management and Water Pollution Control has not been implemented properly. It is necessary to create policies to control industrial wastewater pollution by the preparation of Regional Regulations, which contain criminal and/or administrative sanctions, and also contain the obligation for every shrimp pond owner must be equipped with IPAL so it’s more effective to protecting the environment and disciplining the society.

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