Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
Not a member yet
150 research outputs found
Sort by
PROTECTION OF CHILDREN'S RIGHTS AND WOMEN'S RIGHTS AS PART OF HUMAN RIGHTS IN INDONESIA THROUGH RATIFICATION OF INTERNATIONAL REGULATIONS
No full textProtection of human rights, regardless of age and gender, everyone has the right to protection. Indonesia as a state of law is obliged to protect the human rights of its people, and joining Indonesia as a member of the United Nations requires it to ratify regulations relating to the protection of children and women. This article will discuss the extent of ratification by the Government of Indonesia to promote the protection of children's rights and women's rights. This type of legal research is also commonly referred to as doctrinal legal research or library research. It is called doctrinal legal research because this research is only aimed at written regulations so that this research is very closely related to libraries because it will require secondary data in the library. The results of the study show that the Government of Indonesia has advanced the protection of children's rights with the ratification of the Convention on the Rights of the Child in the Presidential Decree of the Republic of Indonesia Number 36 of 1990, besides that it also gave birth to the Child Protection Law. As for the protection of women, in 1984 Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women through Law Number 7 of 1984 concerning Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, which was then followed by Presidential Instruction Number 9 of 2000 concerning Gender Mainstreaming and Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the protection of women in Indonesia is more protected
PERSPECTIVE OF ISLAMIC LAW ON HATE COMMENTS IN SOCIAL MEDIA
Full text linkThis study aims to analyze the perspective of Islamic law on hate comments that are rampant on social media so far. malicious comments (hate comments) in the comments column of social media that open up space for netizens to provide malicious comments (hate comments) to accounts contained in these social media sites. The use of insulting words, harassment, provocation, and unethical words will result in the destruction of the relationship of harmony and unity. This research is a library research using a qualitative approach. Research data is obtained by documenting journals, books, and articles related to the research topic. The results of this study are in the perspective of Islamic law, all forms of hate comments are haraam and believers should not do hate comments on social media so they don't get the rest
IMPLEMENTATION OF COLLECTION OF NAD LOANS THROUGH AUCTION ON LIABILITY RIGHTS AS GUARANTEE IN PT. BPD SUMATERA BARAT
Full text linkBasically, the granting of credit facilities can be done by anyone, as long as the person concerned has the ability to do so, through a loan agreement between the lender (creditor on the one hand) and the loan recipient (debtor on the other). However, in practice, the debtor always agrees to the loan agreement by the creditor even though the interest is very high. In order to guarantee the interests of the bank, the debtor is required to provide a guarantee/collateral to the bank PT. BPD West Sumatra is one of the banks that implement auctions as a way of resolving non-performing loans. The Bank will submit an auction to be executed by the State Property and Auction Service Office (KPKNL). So the procedure for settling bad loans through auctions at PT. BPD West Sumatra for example at Bank Nagari Payakumbuh Branch has complied with other banking regulations guided by the Regulation of the Minister of Finance in particular Article 6 and Article 20, as well as Regulation of the Minister of Finance No. 106/PMK.06/2013 concerning Amendments to the Regulation of the Minister of Finance No. 93/PMK.06/2010 concerning Instructions for Implementation of Auctions, and the object of Collateral that can be processed for auction is collateral that has been installed with Mortgage through the Office of the State Assets and Auction Service (KPKNL)
AUTHORITY AND RESPONSIBILITY OF NOTARY IN THE RETENTION OF DOCUMENTS OF PARTIES OTHER THAN NOTARY PROTOCOL IN THE IMPLEMENTATION OF ITS OFFICE
Full text linkArticle 1 number 1 Law 2 of 2014 Concerning on Notary Profession (UUJN) reads that the notary has the authority to make an authentic deed, the article is the main principle of notary duty, after the completion of the signatory of the deed, ends the notary duty at the contractual stage. But the reality is that at the post-contractual stage there are notaries that serve the storage of documents of parties other than notary protocols. This custom affects notary independence in the event of legal problems. Research Method is normative legal research using primary and secondary legal materials. The approach used is a statutory approach and an institutional approach to then conducted in-depth analysis. The results showed the storage of documents of parties other than notary protocols posed a legal risk, moral risk and not accepted by the MPD, the storage of such documents contrary to Article 1, Article 16 Verse (1), Article 53 UUJN for placing themselves as recipients of the document storage and services outside UUJN, Article 1868 and 1338 of the Civil Code limiting notaries to act in accordance with UUJN, the storage of such documents at risk of defavoring dignity and violating the notary code of conduct
COMPARATIVE STUDY OF RESPONSIBILITY OF CRIMINAL VIOLENCE IN HOUSEHOLD IN CONCEPT POSITIVE LAW AND MINANGKABAU TRADITIONAL LAW
Full text linkDomestic Violence (KDRT) is a form of crime in the domestic sphere; the data on domestic violence is increasingly worrying and tends to be out of control. Based on the Records of Violence against Women (CATAHU) in 2019; there were 431,471 cases of violence against women and it has been escalated up to 693% since 2008 which was only 54,425 cases. The effort to overcome and handle domestic violence is carried out by formulating various kinds of laws and regulations, creating structural and non-structural institutions that handle domestic violence cases, but in reality acts of violence continue to increase. In West Sumatra, Minangkabau customary law is prevailed as a law that is admited by the constitution. In fact domestic violence in Minangkabau society is a common problem. In handling and overcoming domestic violence, positive law and Minangkabau customary law have their own ways. From the data of national statistics agency of indoensia (BPS) in 2019, West Sumatra was not classified as the 10 highest occurrences of domestic violence in Indonesia. Based on this phenomenon, it is very interesting to study and to be compared of the effort to overcome domestic violence based on the concepts of Positive Law and Minangkabau Customary Law. This study uses a normative approach, namely examining library materials or secondary data consisting of primary legal materials and tertiary legal materials. The results of Positive Law research in overcoming domestic violence focus on handling by applying the law with maximum punishment (repressive), by providing education to the community that is directed and well programmed (preventive), even if domestic violence occurs then efforts are made (pre-emptive) so that the impact or the consequences are not significant. While Minangkabau customary law is more of a preventive effort, namely before the occurrence of domestic violence and the application of Minangkabau customary law is carried out in stages based on the proverb Bajanjang Naik Batanggo Turun
IMPLEMENTATION OF THE DUTIES OF THE VILLAGE HEADMAN IN VILLAGE DEVELOPMENT IN INDRAGIRI HILIR REGENCY BASED ON LAW NUMBER 6 OF 2014 CONCERNING VILLAGES
Full text linkBased on Article 26 paragraph (1) of Law Number 6 of 2014 concerning Villages it is stated that the village headman is in charge of administering village government, carrying out village development, developing village communities, and empowering village communities. The method used in this research is sociological law research. The implementation of the village headman's duties in village development in Indragiri Hilir Regency has not been carried out as regulated in Law Number 6 of 2014 concerning Villages. The obstacles in implementing the duties of the village head in village development in Indragiri Hilir Regency are the low quality of human resources of the village apparatus in Indragiri Hilir Regency, the lack of village offices and representative meeting rooms, village infrastructure in Indragiri Hilir Regency looks inadequate, and the lack of facilities and infrastructure in the form of computer technology that can be used to facilitate administrative services for the development of village development
E-LITIGATION AS THE AMENITIES FOR THE PRINCIPLE OF CONTANTE JUSTITIE MANIFESTATION OF CIVIL JURISDICTION IN INDONESIA
No full textE-litigation or electronic-based trials is one of the features of e-court. This study seeks to provide answers regarding the extent to which the role of e-litigation in realizing the principle of contante justitie in the judiciary in Indonesia, especially in civil courts. This research also discusses what factors hinder the implementation of e-litigation in civil courts in Indonesia. The research that uses Yogyakarta District Court (PN) and Marabahan District Court (PN) as the object is qualitative research, which is juridical empirical and analyzes the collected data using qualitative descriptive methods.) The results showed that both the Yogyakarta District Court and the Marabahan District Court had e-litigation features available. Still, they had not fully contributed optimally in realizing the contante justitie principle in civil court. In the two PN's above, there are already several court users who use the e-litigation feature, especially regarding the submission of claims, answers, replicas, duplicates, conclusions, and written evidence electronically as reading the verdict electronically. However, for the electronic examination of witness and expert evidence, no court user has used it. The things that hinder the implementation of e-litigation in those district courts are court users' reluctance to use the e-litigation feature due to the unpractical regulation and the lack of internet availability signal access
THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM
Full text linkThe Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature
NON-PERFORMING LOAN SETTLEMENT FOR RESIDENTIAL PROPERTY DEVELOPERS AMID THE COVID-19 PANDEMIC
Full text linkThis research discusses the issue of Non-performing loan settlement for residential property developers amid the Covid-19 pandemic. The legal research used is a normative juridical method with a statutory approach. This research was conducted by making an inventory of primary and secondary materials to assess published legal issues. This research examines that the settlement of property developers' bad credit can be done by means of credit rescue and credit settlement. Credit rescue is carried out by providing easy conditions for debtors so that they are expected to complete their credit, which can be done by restructuring credit both inside and outside the court. Meanwhile, credit settlement is carried out by executing the collateral object made by the creditor, such as taking collateral, cessie, subrogation, execution of mortgage rights, lawsuit for default and bankruptcy. In the event of bad credit, creditors will generally choose the bankruptcy route to resolve bad credit by the developer. The bankruptcy of property developers will certainly be very detrimental to property consumers because the position of property consumers is only as concurrent creditors, which means that consumers will get the final payment after preferred creditors and separatists
ONLINE SELLING AND BUYING FRAUD: THE LAW OF ELECTRONIC TRANSACTION PERSPECTIVE
Full text linkThe rapid development of buying and selling online today is also followed by a high number of online based frauds. This study aims to determine the legal protection for consumers due to online buying and selling fraud. This research is a normative legal research using a statutory approach, a case approach, a conceptual approach, an analytical approach and a theoretical approach. The result of this study indicates that legal protection for consumers due to online buying and selling fraud creates responsibility for consumer losses in electronic transactions as regulated both in the ITE Law, Civil Code, Criminal Code and Consumer Protection Law. The consumer losses oblige the person who due to his fault published the loss has to compensate the loss. So the recommendation of the researcher is for the online buying and selling agreement is still prone to fraud, with this fraud, it issues legal consequences, the main cause of prone to the online buying and selling business fraud is because there are several parties who are not responsible for all the items sold