Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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PELAKSANAAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DI POLRES SIJUNJUNG
Get PDFThis Research discuss diversion implementation by the police station of Sijunjung as the alternatif resolving criminal case children in conflict with law. As for that to be special purpose from this research : the first, describe the diversion implementattion as the alternatif resolving criminal case children in conflict with law; the second, Describe the from of diversion as mediation penal that implementation in Sijunjung Police station; the third Conclude any obstacles faced in diversion implementation as the alternatif resolving criminal case children in conflict with law of Sijunjung Police station. The result of this research is implementation of diversion can be more optimal. In case to solve the problem of children especially child crime for guarantee legal certanty for children in conflict with law. This process usually settle out of court, that is through diversion based on approach restorative justice in the Sijunjung region. Therefore, not many children are required carry out criminal liability that should in the age of children get contruction according to their age
PELAKSANAAN BANTUAN HUKUM PADA PERKARA PIDANA OLEH PERHIMPUNAN BANTUAN HUKUM DAN HAK ASASI MANUSIA INDONESIA SUMATERA BARAT DI KOTA PADANG
Get PDFIndonesia is a nation based on the rule of law (State of Law) in accordance with Article 1 paragraph (3) of the 1945 Constitution of Indonesia (UUD 1945). State of Law rests on protection of human rights, non-discrimination, and equality before the law, which means that the state guarantees equality before the law by stipulating that everybody has a right to equal standing before the law and access to justice. Law No. 16 Year 2011 concerning Legal Aid (Legal Aid Law) is a manifestation of State of Law, which implementation is delegated to the Ministry of Law and Human Rights of the Republic of Indonesia (Regional Office of Law and Human Rights or ‘Kanwil Hukum dan HAM’) in cooperation with Legal Aid Organizations (‘OBH’). The legal aid concept is a provision of state funding for the poor in order to guarantee their access to justice. This article looks at the implementation of legal aid for the poor by PBHI Sumbar in criminal cases within the Jurisdiction of State Court Class 1A Padang using juridical-sociological research method. PBHI Sumbar provides legal aid for the poor based on the Legal Aid Law, but provides exceptions for certain cases, namely corruption, environmental crimes, human rights abuses, and morality or sex-related crimes. The exceptions are subjective and inconsistent that restricts access to legal aid. In general, PBHI Sumbar provides legal aid in common criminal cases in a well-implemented manner, but in special criminal cases, its role is below optimal
IMPLEMENTASI TANGGUNG JAWAB SOSIAL PERUSAHAAN PT. TIRTA INVESTAMA DANONE AQUA DALAM PEMBERDAYAAN MASYARAKAT DI KANAGARIAN BATANG BARUS KAYU ARO KABUPATEN SOLOK
Get PDFBy paying attention to CSR, the company is not only oriented to the finance of the corporate (single bottom line), but also focuses on the balance between financial aspects, social aspects and environmental aspects (triple bottom line). The synergy of these three keys is the concept of sustainable development and community empowerment . This study has three aims. First, to describe and analyzed the regulation of CSR in companies engaged in natural resources. Second, to describe and analyzed the innovation of CSR strategies used by PT. Tirta Investama Danone Aqua in Empowering the communities in Kanagarian Batang Barus Kayu Aro. Third, to describe and analyzed the factors that hamper the development of CSR strategy by PT. Tirta Investama danone Aqua. This study uses an empirical juridical research method to see how the company engaged in natural resources apply the strategies and principles of Corporate Social Responsibility in realizing the community empowerment around the company. The final result that will be achieved is the CSR program by PT. Tirta Investama Kayu Aro will have a better focus on the community development and suistanable environmental development. The implementation of CSR strategic are taken by PT. Tirta Investama Danone Aqua Plan Solok. The implementer of the program entrusted to The Indonesian Family Planning Association (PKBI) in West Sumatra Province. This institution shall be responsible in conducting the CSR strategies in the society and community located around the company location
ANALISA TERHADAP PUTUSAN MAHKAMAH KONTITUSI NOMOR 46/PUU-VIII/2010 MENGENAI STATUS ANAK
Get PDFMarriage is a sacred part of life, because it must pay attention to norms and rules of life in society. But in reality, not everyone is so principled, with a variety of justifiable reasons that are reasonable and acceptable to society, marriage is often not appreciated for its sanctity. Marriage is a medium that will unite two people in a household. Marriage is the only unifying rite of two persons officially recognized in both state law and religious law. Problem under study is to analyze the decision of Constitutional Court Number 46/PUU-VIII/2010 regarding the status of children, in this case the research method used is descriptive research that emphasizes the data in the form of narrative and argumentation of words and not on data in the form of numbers, numbers. Using the normative juridical approach of trying to learn every legal material that is related to the subject of the study and then comparing with the rules of legislation, theories and opinions of experts on the issues discussed. Test material submitted from Hj. Aisha Mochtar to the Constitutional Court regarding the provisions of Article 2 and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage of Article 28 B Paragraph (1) and (2) of the 1945 Constitution relating to the Rights of the Child and Article 28 D of the 1945 Constitution relating to the right of everyone to the recognition, guarantee, protection and certainty of equitable law and equal treatment in before the law. Article 2 of Law no. 1 Year 1974, related to legitimated marriage is marriage recorded at the institution of marriage. Meanwhile, Article 43 of Law no. 1 Year 1974, related to the status of children outside marriage. The test of the material is granted in decision No. 46/PUU-VIII/2010. Which will be discussed is the Decision Analysis of the Constitutional Court. Decision 46/PUU-VIII/2010 child status
ANALISIS YURIDIS PERJANJIAN PEMBIAYAAN KONSUMEN DAN AKIBAT HUKUM JIKA TERJADI WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DI INDONESIA
Get PDFIn Article 1329 of the Civil Code, the agreement is divided into 2 (two) kinds, namely the named agreement (nominaat) and unnamed agreement (innominaat). Contracts or agreements develope at this time as a logical consequence of the development of business cooperation between business actors. In a treaty there is one part bind itself to another part. Consumer financing is an agreement not specifically regulated in the Civil Code, but since the book III of the Civil Code embraces an open system, parties may enter into agreements not specifically regulated in the Civil Code. The consumer financing agreement as an Innominaat agreement is also subject to general terms of agreement. In this study using normative research methods, where the authors can examine and can also learn the norms contained in legislation or norms that regulated the principle of freedom of contract according to the Civil Code so that in its implementation in accordance with applicable regulations. The results show how the implementation of consumer financing agreements in Indonesia and how the legal consequences in case of default in consumer financing agreements. First, basically the consumer financing agreement in Indonesia is conducted like other agreements in general. Consumer Financing Agreement is not like a sale or purchase agreement or a lease, but the consumer financing agreement is a combination of both applicable by the parties exercising the rights and obligations in the agreement as described above. Second, the result of the law in case of default, the agreement does not need to be requested for cancellation, but by itself has been null and void, but the provisions of Article 1266 paragraph 2 explain that the consequences of the law of default are not null and void, but must be annulled to the judge. Subsequently Article 1244- Article 1252 of the Criminal Code describes the compensation for default, namely, by paying the actual losses suffered, the fees used, and allowed to cease the expected loss of profits
PELAKSANAAN KONSOLIDASI TANAH PERKOTAAN UNTUK PEMBANGUNAN JALAN BY PASS DI KOTA BUKITTINGGI
Get PDFThe increasing price of urban land causes the government difficulty in providing land for development. The status of land tenure will be more legal with the certificate as proof of ownership and ownership of land rights. Presidential Regulation no. 65 year 2006 stated that the procurement of land for the implementation of development for public interest by the government carried out by way of disposal or surrender of land rights. Article 18 of the UUPA explains that the revocation of a person's right to the land owned by the government shall only be exercised if the land is used for the common good including the interests of the nation and the state and the common interest of the people, the rights of the land may be revoked, compensating feasible as regulated by law. This study aims to find out how the implementation of land consolidation for the construction of By Pass in Bukittinggi City. To find out the obstacles faced by the local government of Bukittinggi city in the settlement. This research uses sociological juridical method, primary data in research is interview to informant and second data is library materials. The results show that the implementation of land consolidation of By Pass of Bukittinggi city has not been implemented maximally because the community has not fully understand the purpose and objectives of the implementation of land consolidation so that the people do not wholeheartedly implement it. Constraints faced in the completion of land consolidation for by-pass included the lack of public knowledge about land consolidation, the objections of some communities in handing over their consolidated land to the government and Most of the consolidated lands are customary soils together so it is a bit difficult in decision maker
KEKUATAN AKTA NOTARIS DALAM MENJAMIN HAK KEPERDATAAN
Get PDFNotarial Deed is be able guarantee the civil rights of the legal subject, after authentic agreement and determination, so that there is no approval of the cancellation of the parties, the right of civilization of the legal subject can not be contested. The type of research conducted is a Normative Juridical legal research which is about what becomes the Strength of Notarial Deed in guaranted the Right of civilization. This research have The role and function of the Notary deed to the legal relationship between legal subjects is to formalizd the contents. The legal power of notarial deed if used as a means of verification in civil cases is as perfect or formal evidence. Losses in the responsibility of a notary when doing negligence to the client. Notary's role in making deed either in legal theory or practice is Notary also assigned to do registration and validated the letters / deeds made under the hand
TINJAUAN HUKUM ISLAM TERHADAP TRADISI PENYALURAN ZAKAT PADI
Get PDFBatuhampar village community's habit of making direct alms payments made by the muzaki. They do not want to give their alms to receiver to be distributed, they are more inclined to directly plant alms to the people they want. In addition, the tradition that exists in the village Batuhampar community is that they do not directly pay alms on their rice yields. They will pay alms after only a few days or even more. They also do not pay alms with rice but have been replaced by money, no one is concerned if full charity directly with rice. Furthermore, in calculating the nisab and payment of rice alms, the community does not incur agricultural operational costs. They argue that the calculation of calculation and alms payment is not a valid expense incurred costs and debts earlier. This research is a field research that is research with interview techniques to the parties directly related to the problems that the author discussed. The type of this research is qualitative research. Based on the research that has been done then the authors can get conclusions from the tradition of zalcat distribution of rice harvest conducted by Batuhampar village society is legal according to Islamic law. The reason is that the various traditions that have developed in the village Batuhampar community in distributing alms of rice crops are a tradition that is equally absent and not prohibited by Islam. In addition, the tradition of distribution of rice harvest is a tradition that has been perfected both by society and no errors in the implementation
SISTEM PIDANA DAN PEMIDANAAN DI DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA
Get PDFRenewal of criminal law in the context of improving the punishment system is still continuing. Of the many things to be updated, one important thing in the penal system is also crucial provided in the reform of Indonesian criminal law is the structural punishment system. This is something that should be included in the concept of reform of criminal law. Barda Nawawi termed as an integral policy in the handling crime to mention the importance of structural punishment system, which also means integral policy in the punishment system. The problems that arise are how the criminal system and punishment in the current Penal Code and the Criminal System and Penalties in the New Criminal Code Concept as Part of the Renewal of Indonesian Penal Law. While the research method The type of research conducted is legal juridical Normative research that is about what the concept of punishment system in the renewal of criminal law in Indonesia that is by collecting data normatively and what is in the Act related to criminal law. In this paper we discussed it can be simply described, so far in the criminal system in Indonesia the focus of criminal offense and criminal responsibility is on the direct individuals involved in the criminal process. Where is often the involvement of other parties besides the individual concerned who can also be held accountable as the impact of the occurrence of a crime. A concrete example, if a child commits a criminal offense, his / her "criminal" is not only granted to the child, but to his / her parents even if the criminal sanction is for example a fine of fines. This is because using the logic that the child is still the responsibility of parents, so that parents are also responsible for the actions of his son
PERMOHONAN EKSEKUSI KEPADA PENGADILAN NEGERI BERKAITAN DENGAN PERJANJIAN FIDUSIA TERHADAP JAMINAN YANG DIGELAPKAN
Get PDFThe execution of fiduciary guarantee execution is stipulated in Article 29 of Law Number 42 Year 1999 concerning Fiduciary Guaranty which states that execution of fiduciary guarantee execution can be done by executing executorial title, sale by public auction, or sale under the hand with agreement of both parties, but in practice sometimes found when executing fiduciary guarantees on one of its borrowers, the guarantee has been transferred and controlled by a third party without the consent of the creditor. Therefore, this paper aims to find out how the process of fiduciary fraud execution against bad debts and how the legal protection against the creditors in the credit agreement of the bank against the problem digelapkannya fidusia guarantee by the debtor party