Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
Not a member yet
150 research outputs found
Sort by
IMPLEMENTATION OF THE VIOLENCE ELEMENT WITHIN THE CRIME OF ROBBERY
No full textJudges are people who are believed to be representatives of God. Their decisions must always reflect justice for all the litigants, not only by the judge's beliefs but also by the astronomical knowledge of applicable theories and norms. Often, judges make mistakes when they observe almost similar cases, such as case 827/Pid.B/2021/PN.Jmr. The judge could not differentiate between the defendant's actions as theft and violence or an ordinary theft. This study analyzes the extent of the judge's assessment of the degree of violence in the crime of robbery. The research aims to find out how judges assess and determine the degree of violence in criminal acts of theft that involves violence. The research method used is a normative juridical method, referring to the statutory, conceptual, and case approaches, which takes samples of criminal case verdicts in the jurisdiction of the Jember District Court. The research results concluded that the judge was negligent and mistaken in applying the appropriate criminal code article based on legal facts. The defendant's actions were more appropriately said to have committed an ordinary theft as in the subsidiary indictment of the Public Prosecutor because normatively and theoretically, the defendant's actions referred more to the crime of common theft, not theft with violence
ANALYSIS OF LOCAL GOVERNMENT POLICY MODEL IN PREVENTING CORRUPTION IN A VILLAGE GOVERNMENT SECTOR
Full text linkThe problem in this study is related to the number of Corruption Crimes (TPK) that occur in the Village Government sector, especially with the issuance of Law number 6 of 2014 concerning Villages (Village Law), in the mandate of the Village Law, the Village Government with the principle of Recognition and Subsidiarity is given the authority to manage Village Funds and Village Fund Allocations. From the fairly broad authority that the village has, it has the potential to be abused due to many factors, including the Human Resources factor of the village apparatus, political foctors and also the existence of power relations. The local government's policy model in an effort to prevent corruption in the village government sector will be a policy model for local governments so that corruption in villages is increasingly suppressed. The role of local governments has the obligation to supervise and supervise village governments as article 115 of Law Number 6 of 2014 concerning Villages states that districts / cities have a fairly vital role, namely supervising from the village government and Minister of Home Affairs Regulation Number 113 of 2014 concerning Village Financial Management explains that the Provincial government is obliged to foster and supervise the provision and distribution of village funds, allocation of village funds, and revenue sharing of local taxes and levies from districts/cities. The potential for misappropriation of village government governance is caused by many factors, including the Human Resources factor of the village apparatus, political parties and also the existence of power relations. The policy model of the bangkalan district government in an effort to reduce the misappropriation of power, especially corruption crimes committed by village officials, is still minimal. The method used in this study is empirical juridicalA research problem is related to the number of corruption crimes that occur in a village government sector, especially with the issuance of Law number 6 of 2014 concerning villages (Village Law), in the mandate of the law village governments with the principles of recognition and subsidiarity are given the authority to manage village funds allocation. From the broad authority owned by the village, it has the potential to be misappropriated due to many factors that includes human resources factors of the village apparatus, political factors and also the existence of power relations. The research purpose determined the regional government policy model in an effort to prevent corruption in the village government sector which was a model for local government policies. Therefore, the corruption in the village is increasingly suppressed. While this research method used empirical juridical research methods, the empirical approach sees law as a social, cultural reality or das sein. Since the primary data used were obtained directly from Bangkalan in this research. The result showed that the local governments had the obligation to supervise village governments as article 115 of Law Number 6 of 2014 concerning the villages. It stated that districts / cities have a vital role, namely supervising village governments. Moreover, the minister of home affairs regulation number 113 of 2014 concerning village financial management explained that the government provinces are required to foster and supervise the provision and distribution of village funds, allocation of village funds, and revenue sharing of local taxes and levies from districts/cities. The potential for misappropriation of village government governance is caused by many factors, including human resources of village apparatus, political factors and also the existence of power relations. The policy model of the Bangkalan Regency Regional Government in an effort to reduce the misappropriation of power, especially the criminal act of corruption committed by thevillage apparatus, is still minimal.
THE PROBLEM OF INSTALLATION OF ELECTRONIC DETECTION DEVICES ON PERSONS OF SEXUAL VIOLENCE AGAINST CHILDREN
Full text linkElectronic detection devices are an additional penalty stipulated in Government Regulation Number 70 of 2020. However, since being enacted until now there has been no judge's decision deciding the additional penalty for installing this electronic detection device because there are many instruments in the regulation itself. This study aims to find out the problems and solutions related to the application of the installation of electronic detection devices to perpetrators of sexual violence against children. This research leads to normative juridical law research, with data collection carried out by means of document studies. The results of the research found that there were several problems in the rules regarding the application of installing electronic detection devices so that later by doing comparisons a solution was found for some of the problems stipulated in PP 70/2020. Act No. 17 of 2016 pertaining to the PERPU No. 1 of 2016 pertaining to the second amendment to the Law No. 23 of 2002 on Child Protection is being considered as the number of cases of sexual violence against children increases annually. Therefore, it is necessary to increase the penalties for those who sexually assault children. Government Regulation 70 of 2020 regulates using electronic detection devices as a secondary penalty. However, since their enactment until now, there has been no judge's decision determining the other party's liability for the installation of this electronic detection device. This is due to the fact that the regulation itself contains numerous flawed instruments. This study aims to identify the problems and potential solutions associated with installing electronic detection devices on perpetrators of sexual violence against children. This research leads to an examination of normative legal law, with data gathered through document studies. PP 70/2020's rules for the application of the installation of electronic detectors contain a number of flaws with respect to a number of instruments, as revealed by the research results. This issue will then be compared to the regulations of several countries that have implemented it, such as the Netherlands, England, and the United States so that a solution can be found to apply penalties for the installation of electronic detection devices, specifically how to operate the device using GPS technology and the form of the tool in the form of an electronic bracelet attached to the leg of the perpetrator of sexual harassment against children
CRIMINAL ASPECTS OF CHILD VICTIMS OF NARCOTICS CRIME IN THE PERSPECTIVE OF RESTORATIVE JUSTICE
Full text linkNarcotics as a criminal act is often an essential concern in law enforcement cases by the government and society. The purpose of the establishment of the Narcotics Law, as in Article 4, is to prevent, protect and save the Indonesian nation from narcotics abuse and eradicate illicit narcotics trafficking. This research uses normative research methods by examining legislation. This normative research is intended to read legal regulations regarding how the validity of Restorative Justice in protecting children as victims of narcotics crimes. Because there are many cases of minors who are victims in the distribution of narcotics caused by an unstable economy. The regulation of the principle of restorative Justice for children has been accommodated in Indonesian legislation, even in the state constitution, namely the 1945 Constitution of the Republic of Indonesia; it also emphasizes the importance of the position and protection of children's rights, which must be further elaborated in everyday life in the nation and state. Handling children in drug abuse can use alternative efforts with restorative principles that position child punishment as "The Last Resort" with the theory of criminal law as Ultimum remedial, where it can improve itself according to the interests of the child when faced with the law
JURIDICAL REVIEW LARGE-SCALE SOCIAL RESTRICTIONS IMPLEMENTED BY LOCAL GOVERMENTS
Full text linkThis research discusses the policy guidelines for implementing PSBB, which is one of the models used by the Government in handling Covid-19. The focus is on the legal issues related to the process of determining PSBB at the regional level. The paper uses a normative juridical approach to examine the proposed PSBB policy by the Local Government and its legal implications. The research finds that the proposed PSBB policy has limited the Local Government's ability to set PSBB at the regional level. The legal implications of imposing large-scale social restrictions at the regional level have resulted in a failure to realize the legal benefits of treating the Covid-19 pandemic as an emergency. The direction and legal implications of the proposed PSBB policy are discussed in detail in this paper.This research discusses the policy guidelines for implementing PSBB, which is one of the models used by the Government in handling Covid-19. The focus is on the legal issues related to the process of determining PSBB at the regional level. The paper uses a normative juridical approach to examine the proposed PSBB policy by the Local Government and its legal implications. The research finds that the proposed PSBB policy has limited the Local Government's ability to set PSBB at the regional level. The legal implications of imposing large-scale social restrictions at the regional level have resulted in a failure to realize the legal benefits of treating the Covid-19 pandemic as an emergency. The direction and legal implications of the proposed PSBB policy are discussed in detail in this paper
DEBTORS LEGAL CERTAINTY POST CONSTITUTIONAL COURT’S DECISSION NO 18/PUU-XVII/2019 CONCERNING PARATE EXECUTION FOR FIDUCIARY GUARANTEE OBJECTS
Full text linkAfter the publication of PMK No. 18/PUU-XVII/2019, it essentially canceled the parate execution for the object of fiduciary guarantees over the debtor's control. However, until now, parate executions are still being carried out to resolve disputes between debtors and creditors. This research aims to examine the legal certainty of debtors and the legal consequences of PMK Decision No. 18/PUU-XVII/2019 in cases of partial execution of fiduciary collateral objects. This research method is normative law with a statutory approach, and the main data is secondary data. The results of this research: the legal protection given to debtors if the execution process continues after PMK No. 18/PUU-XVII/2019 can take legal action as an appeal as a stance to oppose the court's decision on a judge's decision which is deemed not to provide justice. The debtor can also take criminal legal action if the execution is still carried out using coercion because he has fulfilled the criminal offense. The impact of PMK Law No. 18/PUU-XVII/2019 on the legal certainty of debtors in cases of parate execution, the object of the fiduciary guarantee is to conditionally cancel the parate execution. However, many execution parate cases after the publication of PMK No. 18/PUU-XVII/2019 indicates that there is no legal protection for debtors as well as legal certainty regarding the application of the execution parate regulations. This further reduces the debtor's legal certainty because the judge's view of the two cases of execution parate for the object of fiduciary collateral did not consider execution parate as an unlawful act
THE OBVIOUSNESS OF THE ARTICLE ON BODY SHAMING AGAINST CYBERBULLYING ON SOCIAL MEDIA BASED ON THE ITE LAW
Full text linkInsulting the shape of the human Body, or what is familiarly known as body shaming, is an action by someone to criticize another individual's body shape, which originates from the imperfection of the body shape generally originates from; body shape is not ideal. Physique is not perfect, or there is a physical disability. The act of insulting the shape of the human Body or body shaming can be carried out verbally by carrying out direct insults aimed at insulting the individual, or an individual can criticize verbally and indirectly; in this case, the use of social media such as TikTok, Instagram, Facebook, Twitter. The research method used in this research is normative research. The results of the discussion obtained are that legally, the criminal act of insulting (body shaming) on social media can be subject to the provisions of the Law on ITE if the insult or body shaming is conveyed on social media and is expressed in the form of insults, ridicule, face, skin colour, and a person's body posture. So, this is included in the category of provisions of Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law No. 19 of 2016 concerning ITE. The legal protection provided to victims in criminal acts of insulting (body shaming) through social media is through LPSK, in the provisions of article 28 paragraph (1) of Law No. 31 of 2014 concerning the Protection of witnesses and victims
THE URGENCY OF COLLATERAL IMPLEMENTATION IN THE MUDHARABAH FINANCE OF SHARIA BANKING IN INDONESIA
Full text linkMudharabah financing is a transaction based on the principle of cooperation, so it does not require collateral. But financing does not always run smoothly. Finally, Islamic banks require collateral in mudharabah financing. Of course, it is a debate among scholars. For this reason, the purpose of this study is to identify the basis for applying collateral to mudharabah financing, and setting collateral binding for mudharabah financing in Islamic banking. The research objectives will be answered by empirical normative legal research methods which analyze the norms and provisions that apply, supported by field research in the form of interviews, and observation as reinforcement. The identification carried out resulted in First, the ijtihad method is the basis for the obligation to provide collateral in mudharabah financing by not overturning the original concept with the Istihsan method, and adhering to the provisions in UUPS, PBI Number: 7/46/PBI/2005 concerning Contracts for Collection and Distribution of Funds for Banks conducting business activities based on Sharia Principles, and DSN Fatwa Number: 07/DSNMUI/IV/2000 concerning Mudharabah Financing (Qiradh). Second, Islamic banking has not regulated the binding of collateral to mudharabah financing in Islamic banking, so in practice Islamic banking uses guarantee institutions that are used by conventional banks
REINSURANCE ARRANGEMENTS ASSOCIATED WITH GUARANTEE LEGAL RESPONSIBILITIES
Full text linkThe use of diversion responsibility or reinsurance arrangements as a way for insurance companies to protect themselves from losses by cooperating with a reinsurance company. One reason for utilizing reinsurance is to distribute risk. Reinsurance becomes more understandable when insurance claims occur, and it is not possible to have reinsurance without having insurance first. The legal framework for insurance and reinsurance is explained in the Criminal Code or Law Number 40 of 2014 concerning business insurance. However, there is no provision that clearly defines what is meant by reinsurance, which can cause problems if there are insufficient answers regarding the company's reinsurance payment for losses. Therefore, legal certainty is necessary. The research objective is to determine the form of responsibility of the guarantor in reinsurance, and the normative law method is used. The Ex-Gratia Payment clause outlines the responsibility of the reinsurance company to the insured, allowing the insured to claim compensation from the insurer for reinsurance claims
PROBLEMS OF APPOINTING ACTING REGIONAL HEADS FOLLOWING THE POSTPONEMENT OF SIMULTANEOUS ELECTIONS
Full text linkThe appointment of an official head in the area, as regulated in the provisions above, gives rise to polemics at the level of implementation. Some of the polemics that arise as a consequence of appointing an official head area, among other things, is the lack of transparency in the appointment process of the official head area, and the appointment of an active TNI member as an acting head disfigures the spirit of reform. Additionally, there is not yet a rule managing the executor mechanism for the appointment of the official head area.This study aims to analyze the appointment process of the existing head area position at this moment as an effort to guard popular sovereignty, ensuring it is not injured by inadequate mechanisms, transparent, and yet firm policies that arrange the mechanism for appointing the official head area to prevent conflicts of interest. This study is a normative legal study, where the search uses secondary data with material references. The result of this study is the arrangement of the mechanism for appointing the current Regional Head acting is not yet arranged systematically, so the appointment process of the acting Regional Head experiences several problems, including the existence of a conflict of interest in appointing the acting Regional Head, and the duration of appointing the Acting Regional Heads, who have been around for quite a long time, has implications for the governance of the government area. Additionally, there exists the appointment of acting Regional Heads who are active TNI soldiers