Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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APPLICATION OF CHEMICAL CASTRATION LAW FOR PEDOPHILES AS AN EFFORT TO PROVIDE A DETERRENT EFFECTS
Full text linkSexual violence is an immoral crime, especially if the act is committed against a child, the act is considered a violation of human rights. Including efforts to overcome the increase in cases of sexual violence against children, the government ratifies PP Nomor. 70 with the aim of regulating procedures for carrying out chemical castration, installing electronic devices as detectors, providing guidance, to how to anNomorunce the personal data of perpetrators of sexual violence against children. The goal is to deter pedophiles from their actions. In its implementation, chemical castration is an act against human rights, giving the punishment of castration including acts that are heiNomorus and Nomort in accordance with human rights, including contrary to our country's commitment to protect human rights. This work is a Nomorrmative juridical legal research type with a qualitative approach. The main sources in this work are Nomor. 70 of 2020 and several other literatures as support. The technique of data collection and analysis is library research. The result of this work is the imposition of sanctions on the perpetrators of chemical equilibrium according to the legal basis. Although it is felt that this law is still experiencing polemics due to the issuance of this new law, the limited age of the perpetrators, and group commentators who still do Nomort support this law
SUPREME COURT REGULATION (PERMA) NUMBER 1 YEAR 2020: SOLUTIONS IN THE GUIDELINES FOR DETERMINING DEATH PENALTY FOR CORRUPTION CRIMINAL ACTS IN CERTAIN CONDITIONS
Full text linkThe sanctioning of Supreme Court Regulation No. 1 of 2020 in the time of Covid-19 opens a new glimmer of hope in corruption cases in certain circumstances in ndonesia. This regulation provides guidelines for judges in providing the death penalty for corruptors. The motivation behind the Research is to see how the sentencing guidelines in dropping the death penalty to corruptors in certain circumstances, and to understand how the view of the study concepts and comparative of the death penalty for corruptors. This research is included in the normative legal research section using primary and secondary legal materials. The approach used is a statute approach, comparative approach, and conceptual approach. This research is included in the normative juridical research with the method of statutory, concept, and comparison approach. The results of study, it appears that the death penalty is only for corruption crimes by weighting and threatened alternatively, and may be dropped when considering the high level of guilty, impact, and profit while in comparison
THE ROLE OF MINANGKABAU WOMEN IN FAMILY AND COMMUNITY IN GENDER FAIR DEVELOPMENT
Full text linkThe structure of Minangkabau society is organized based on matrilineal principles according to maternal lineage. Mother in Minangkabau tradition is known as Bundo Kanduang. The recent situation in Kenagarian Ampang Kuranji, the role of women in development can be seen from the existence of PKK women and also inseparable from the role of Bundo Kanduang in a tribe, but the program carried out by Bundo Kanduang has not fully directed policies in terms of education, as well as social for generations of children and even teenagers such as there are still many early marriages, drugs, riots, theft which is increasingly happening. This study aims to examine and analyze the role of Minangkabau women in the family and society in gender-just development in Kenagarian Ampang Kuranji, Koto Baru District. This study uses a sociological/empirical juridical approach. This approach is done by collecting primary data as the main data. The results of his research are that the role of Bundo Kanduang has begun to be felt by the surrounding community, because Bundo Kanduang's participation takes an important part in the development of the nagari through programs that have been carried out well before, but in the future the Bundo Kanduang Institute and the Nagari Ampang Kuranji Government are more pay attention again to mainstreaming women in Kenagarian Ampang Kuranji to achieve gender justice
IMPLEMENTATION OF LEGAL PROTECTION THE FAMOUS TRADEMARKS IKEA AND SEPHORA BRAND (TRADEMARK’S LAW PERSPECTIVE)
Full text linkIn Indonesia, there have been many disputes over famous trademarks which ended by the cancellation and deletion of registered. This research aimed to describe and find out about, first, the legal protection of the right of famous trademarks rights based on law trademarks and second, implementation the legal protection of the right of famous trademarks rights (MA decision study of IKEA and SEPHORA brand). This research used the normative juridical method with a statutory and a case approaches. The result of this research first is the legal protection of the right of famous trademarks rights based on based on law trademark uses a constitutive system. One of the rules governing the Protection of Famous Marks is regulated in Article 21 (1). Furthemore, the implementation of the legal protection on the right of famous trademark in the case of the IKEA trademarks constrained by the difference interpretation of Article by the Panel of Judges and resulted ended by famous trademarks are fail to be protected. Meanwhile in the case of the SEPHORA trademarks implementation of the legal protection of the right of famous have protected the trademarks
RESPONSIBILITY FOR SUPERVISION OF SOES AS MAJORITY SHAREHOLDERS IN SUBSIDIARIES
No full textBUMN as a legal entity that aims to improve people's lives is carried out based on article 33 of the 1945 Constitution. To increase the role of BUMN in the country's economy, various efforts have been made, one of which is restructuring by forming a holding company concept. The type of research carried out by the author is normative juridical law research by conducting analysis techniques and studies of the laws of the Republic of Indonesia Number 19 of 2003 concerning State-Owned Enterprises, Law Number 40 of 2007 concerning Limited Liability Companies, and also the Regulation of the Minister of SOEs related. The legal relationship that arises between the parent company and its subsidiaries is a contractual relationship limited to the position of the parent company as a shareholder. The responsibility for supervision carried out by the parent company as the majority shareholder is carried out by appointing the board of commissioners in its subsidiaries as representatives of BUMN in terms of supervision. In carrying out its duties the board of commissioners must carry out it in accordance with the provisions that have been set. However, if negligence is found in carrying out their duties, the board of commissioners may be subject to the doctrine of piercing the corporate veil as a form of accountability
LEGALITY ISSUANCE OF FAMILY CARD IN SIRI MARRIAGE
Full text linkThe issuance of Family Cards for unregistered marriages submitted by the Director General of Population and Civil Registry of the Ministry of Home Affairs has caused a polemic in Indonesian positive law, because the statement is not in accordance with the regulations of Law Number 1 of 1974. In this regulation it has been stated that marriages are considered valid by The State if it is carried out in accordance with religion and registered with an authorized official, for this reason, unregistered marriage is not recognized by the State because its implementation is not in accordance with existing provisions. The Director General of Population and Civil Registry of the Ministry of Home Affairs provides the possibility for those who have unregistered marriages to get a Family Card. This study uses a normative juridical research method based on the laws and regulations in Indonesia, as well as legal concepts. The results of this study regarding the validity of the issuance of Family Cards for unregistered marriages, it can be concluded that the perpetrators of unregistered marriages have violated the recording. Thus, the marriage is not completedonlywith the marriage contract, but must also be recorded. And the legal consequences of the issuance of family cards in unregistered marriages will only support the decisions of individuals who will carry out unregistered marriages
CONCEPT OF RETRACTABLE CONSENT IN MINISTER OF EDUCATION’S REGULATION REGARDING SEXUAL VIOLENCE ON CAMPUS
Full text linkThe Regulation of Minister of Education, Culture, Research and Technology (Permendikbud) 30/2021 is a response to the high level of sexual violence case perpetrated by individuals in universities in Indonesia. The existence of a victim's consent instrument in Permendikbud 30/2021 as a differentiator between sexual violence and a consensual relationship is a new thing in legal regulation in Indonesia. This research aims to explain the concept of retractable consent and its application in Permendikbud 30/2021. This study uses a descriptive analysis method to data sources on regulations that are considered relevant to the agreement of the parties in general, and regulations related to sexual violence in particular. The results show that retractable consent in cases of sexual violence is the consent of one of the parties involved in sexual activities that can be withdrawn or canceled at any time, even when sexual activity has started. In this concept, the agreement has the nature of sustainability. Permendikbud 30/2021 regulates the invalidity of consent with certain conditions, so that the consent given by one of the parties in a sexual activity can be considered legally invalid. According to Permendikbud 30/2021 victims of sexual violence who apply personal consent retraction (cancellation or withdrawal of consent for personal reasons) should also be included in the victim category
SHARI’A COMPLIANCE PRINCIPLES IN FINANCIAL TECHNOLOGY
Full text linkCurrently in Indonesia, financial technology (fintech) services have developed rapidly. The development of fintech in Indonesia has been responded positively by several regulations issued by the Financial Services Authority (OJK) and Bank Indonesia (BI). In addition to conventional fintech, sharia fintech in Indonesia has also begun to develop significantly, especially since the DSN-MUI fatwa on Sharia Information Technology-Based Financing Services (Fatwa No.117/DSN-MUI/IX/2018). Although sharia fintech has begun to develop, OJK has not fully accommodated the DSN-MUI Fatwa as a binding regulation. The DPS institution as a supervisor for Islamic financial institution entities as well as for start-ups such as fintech that operates according to sharia must follow the regulations that have been decided by the DSN-MUI so that these entities can operate in sharia and this is part of compliance with sharia compliance). This study investigates the Shariah compliance status of financial technology services. The research method used is the library research method with a literature review approach. The results of the study show that currently fintech operating in sharia still needs stronger legal instruments so that compliance with sharia is truly carried out comprehensively and not only applies a kind of label that is run by sharia, so that the existence of fintech and customer trust (consumers can be maintained
ELECTION LAW ENFORCEMENT MODEL BY BAWASLU IN SIMULTANEOUS ELECTION IN WEST SUMATRA PROVINCE
Full text linkBawaslu has one function, namely to supervise and prevent violations in elections. The existence of Bawaslu has an important meaning in avoiding the occurrence of election violations through efforts to enforce election law. This research uses sociological juridical research method, which is done by studying primary data and secondary data. The primary data referred to is obtained directly from the field by conducting interviews with informants who are related to the discussion. From the research conducted, it can be understood that the model of law enforcement by Bawaslu in simultaneous elections in West Sumatra Province is carried out through the settlement of administrative violations, the settlement of violations of the code of ethics, and the settlement of election crimes. Meanwhile, the application of the ideal model of electoral law enforcement is carried out by the method of preventing violations and taking action against violations and disputes in the election process
IMPLEMENTATION OF SANCTIONS AGAINST THE PERFORMERS OF THE GIAM BIOSPHERE DESTROYER IN SIAK DISTRICT
Full text linkBased on Article 50 of Law Number 41 of 1999 concerning Forestry, it is regulated that everyone is prohibited from encroaching on forest areas and cutting down trees in forest areas. The enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has further strengthened the legal basis for forest protection in Indonesia. Based on Article 12 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, it is regulated that everyone is prohibited from cutting trees in forest areas. However, in 2017, the Riau Regional Police succeeded in uncovering a case of illegal logging that occurred inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency. The method used in this research is sociological law research. The application of sanctions against perpetrators of forest destruction of the Giam Biosphere in Siak Regency based on Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has not been optimal. The community cannot be blamed for forest encroachment and tree cutting inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency because the Giam Siak Kecil-Bukit Batu Biosphere Reserve before it became a state-protected biosphere reserve was where the community lived. The Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency has been inhabited and managed by the community for generations to meet the needs of daily life. There are two efforts made to prevent the destruction of the Giam Siak Kecil-Bukit Batu Biosphere Reserve forest, namely preventive efforts and repressive efforts. In addition, the concept of implementing administrative sanctions as primum remedium and the principle of strict liability offered in Law Number 32 of 2009 concerning Environmental Protection and Management is part of sustainable development efforts