JURNAL CENDEKIA HUKUM
Jurnal Cendekia Hukum (JCH) adalah jurnal berbasis OJS diterbitkan oleh STIH Putri Maharaja dua kali setahun pada bulan Maret dan September
Jurnal ini bertujuan untuk menyedikana wadah untuk akademisi, peneliti dan praktisi untuk mepublikasika artikel dan penelitian. Ruang lingkup dari jurnal ini adalah Ilmu Hukum dengan bidang Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Konstitusi, Hukum Administrasi, Hukum Islam, Hukum Ekonomi, Hukum Kedokteran, Hukum Adat, Hukum Lingkungan dan bagian lain terkait isu-isu kontemporer dalam hukum.
Jurnal ini ditulis dalam dua bahasa yaitu Bahasa Inggris dan Bahasa Indonesia. Tersedia dalam Versi Cetak dan Online (OJS). Memiliki ISSN Cetak: 2355-4657 dan ISSN Online: 2580-1678 .
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<![CDATA[PELAKSANAAN PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI SATUAN NARKOTIKA POLRES BUKITTINGGI ]]>
<![CDATA[Failin Alin]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.232
<![CDATA[Drugs, on one hand are materials used in the field of medicine, health service and the development of science that on the other hand can also affects a detrimental dependency if misused or used without control and supervision. After the enactment of Law Number 35 Year 2009 Concerning Narcotics, all actions that export, import, produce, plant, store, distribute and / or use narcotics and their sanctions are regulated therein which aims to tackle and eradicate these criminal acts. The use of narcotics without strict and thorough control and supervision is very detrimental and constitutes a huge danger to the lives of people, the community, the nation, and the State as well as Indonesia's national security. When seen in Bukittinggi Police Station from year to year the number of narcotics offenders increased and overall the case documents already complete (P21). The investigation of narcotics crime in Bukittinggi Police has been running according to the rules, which is based on the Criminal Procedural Law, however the implementation has not been effective because there are remain obstacles in the implementation of investigation.]]>
<![CDATA[PRINSIP SURAT KUASA MUTLAK DALAM RAPAT UMUM PEMEGANG SAHAM LUAR BIASA ]]>
<![CDATA[Rinaldy Ridwan Noor]]>;
<![CDATA[Paramita Prananingtyas]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
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DOI: 10.33760/jch.v5i2.227
<![CDATA[The absence of principles in an absolute power of attorney in attending the Extraordinary General Meeting of Shareholders (EGMS) will raises a legal problem. Each party may commit acts that are contrary to law or decency, at the time of the EGMS. The Limited Liability Company Law does not yet clearly stipulate the principles that must be applied in making an absolute power of attorney. The paper will first explain the legal basis for the EGMS and will explain the principles that must be applied in an absolute power of attorney. This study uses a normative juridical research method, by examining the problem based on relevant laws and regulations. The result shows that the legal basis for the implementation of the EGMS is Article 78 paragraph 1 of the Limited Liability Company Law. The principles that must be applied in an absolute power of attorney to attend the EGMS, namely; Absolute power must not be withdrawn by the Authorizer, absolute power is exercised for the benefit of the Power of Attorney, and absolute power is not contrary to decency and public order. Absolute power is only exercised when the authorizer has the obligation to carry out certain legal actions. It must be based on an agreement between parties and cannot be terminated due to death and other conditions of cancellation of a power of attorney. Furthermore, the power is permitted if there is a guaranteed legal-obligation and is included in the type of special power of attorney, so it has the same legal basis and power.]]>
<![CDATA[PERAN DAN KEWENANGAN PROFESI PENUNJANG PASAR MODAL (NOTARIS) DALAM MENGHADAPI ERA GLOBALISASI ]]>
<![CDATA[Elvira Fitriyani Pakpahan]]>;
<![CDATA[Vivi Prisilla]]>;
<![CDATA[Dicky Dicky]]>;
<![CDATA[Yuni Adriana Malau]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
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DOI: 10.33760/jch.v5i2.239
<![CDATA[This study aims to examine the legal arrangements for the role and authority of the capital market supporting profession in the face of globalization, namely the notary public. Notary public is a public official who has the authority to make a contract deed or decision required by law to be made in confirmed documents. The position of a notary is regulated in Law No. 30 of 2004 which states that a notary public is the authorized official to make an authentic deed and other authorities. This study uses a normative juridical method that is analytical descriptive. The notary is authorized to make authentic deeds about all agreements, deeds, and stipulations that are required by legislation and / or that are desired by the parties concerned to be stated in the authentic deed. In addition, the notary must also ensure the certainty of the date of making the deed, keep the deed, give the grosse, copy and quote the deed, all of it as long as the making of the deeds are not also assigned or excluded to other officials.]]>
<![CDATA[TANGGUNG JAWAB NOTARIS DALAM SENGKETA PARA PIHAK TERKAIT AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) YANG DIBUATNYA ]]>
<![CDATA[Aulia Gumilang Rosadi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.228
<![CDATA[Public Notary as an official appointed by the Government who has the authority (bevoegdheid) and responsibilities which, if reviewed comprehensively, could potentially be subjected to administrative, civil or criminal claims when a dispute related to the deed which is made by him/her. The main issues discussed in this study are; 1) How chosen for a notary and parties in the binding sales purchase agreement ? 2) How responsibility the parties upon an agreement in the agreement on binding sales of a bell Which is drawn up before the notary ? 3) How a form of responsibility the notary in dispute the parties related the binding sales purchase agreement made ? The research is a normative juridical research with statute approach. The data used are secondary data in the form of; primary, secondary and tertiary legal materials. The results shows that the notary is administratively, civil and criminally responsible for the deed and the process of forming the deed itself, so the notary needs to implement a policy based on regulations so that he/she with the deed he/she made and the parties can be protected by law.]]>
<![CDATA[PROBLEMATIKA DALAM PELAKSANAAN PEMUNGUTAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) DI KOTA PADANG ]]>
<![CDATA[Eka Susanti]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.240
<![CDATA[One type of tax is the Cost of Acquisition of Land and Building Rights (BPHTB). In Padang City, based on Regional Regulation Number 1 of 2011 and Regulation of Mayor Number 27 of 2016, the BPHTB tax collection system is different where the BPHTB collection system is not cohorence with the implementation of basic tasks and is determined by the parties as regulated by the function of increasing development activities in all fields. The research problems in this article are: 1) How is the collection of BPHTB in Padang City 2) How the verification process the land and building and constraints was receipts from land and building rights to the certificate of together in Padang City? 3) Are efforts of the government of padang in obstacles as receipts from land and building rights to the certificate of together in Padang City ? The research uses empirical juridical research methods. Primary data and secondary data obtained through literature study and interviews with research subjects. The results shows that the implementation of BPHTB collection in Padang city was carried out based on the Mayor Regulation No. 27 of 2016 and there are differences in tax collection regulated by Regional Regulation Number 1 of 2011, namely in the Cost of Acquisition (NPOP) assessment and collection system based on market prices, not transaction prices regulated in Bylaw No. 1 of 2011. The differences create legal uncertainty for the community. The obstacle that arises in the collection of Padang city BPHTB is the lack of taxpayer knowledge about BPHTB.]]>
<![CDATA[PENEGAKAN HUKUM ADMINISTRASI LINGKUNGAN HIDUP DITINJAU DARI KONSEP NEGARA HUKUM ]]>
<![CDATA[Atika Thahira]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.229
<![CDATA[Indonesia, Indonesia is a nation of law that uses a rule of law country (rechtstaat) concept. The concept of rule of law Indonesia set forth in its Constitution, the 1945 Constitution, Article 1 paragraph (3). There is an important element of democracy stated on the Constitution, namely the protection of human rights, that every citizen has the right to enjoy it. One of the rights protected in the Constitution is right to access a good and healthy living environment. For this, the environment needs to be preserved and function through administrative law enforcement. The study uses normative juridical approach with descriptive-analytics, which describes the norms and associated with theories, and opinions of legal experts. The development of a democratic nations of law can be seen from the aspect of law enforcement in particular with environmental administration. In Indonesia, it can be reviewed through the theory of organic states and the theory of pluralist states. Based on the theory of an organic state and looking at the aspects of environmental administration law enforcement in Indonesia, the state has regulated the enforcement of environmental administrative sanctions whereby the state can regulate every activity and/or business in the environmental issues. Therefore, the pluralist state theory recognized a variety of diverse interests in society that the state has accommodated all citizens rights to a good and healthy environment through pro-environment government policies.]]>
<![CDATA[PERLINDUNGAN HUKUM KONSUMEN ATAS KESAMAAN BUNYI MEREK TERHADAP BARANG YANG TIDAK SEJENIS ]]>
<![CDATA[Evelyn Larissa Florentia Wijaya]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.187
<![CDATA[The practical purpose of the article is to find out whether consumers get legal protection if something goes wrong in choosing a product that has similar terms but different classification of types. The research is juridical-normative. With regard to the case of MICROCIDE (pharmaceutical preparations) and MICROZID (disinfectant), abviously the isues are different from trademark infringement in general. The use of different terminologies will possible to make consumers to be wrong in choosing the products which can cause a danger when it is consumed. There is remain legal vacuum in the absence of implementing regulations that regulate the same brand in principle for goods that are not of the same type so that consumer’ rights cannot be fulfilled.]]>
<![CDATA[RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL ]]>
<![CDATA[Ismail Marzuki]]>;
<![CDATA[Faridy Faridy]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.242
<![CDATA[In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.]]>
<![CDATA[PELAKSANAAN PENYIDIKAN TERHADAP ANAK YANG TERLIBAT DALAM TRANSAKSI NARKOTIKA ]]>
<![CDATA[Ana Ramadhona]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.230
<![CDATA[One crime that often occurs in Indonesia is drug use. Protection of children in a national society is a benchmark of the nation's civilization, so it must be pursued in accordance with the abilities of the nation. The study was conducted by using an empirical juridical approach. The data used are primary data obtained by interview and secondary data obtained through literature studies. The results of the study are described as follows: As for the implementation of investigations against children involved in narcotics transactions in the jurisdiction of Payakumbuh Police conducted by investigators basically in accordance with the Criminal Procedural Code and Law Number 11 Year 2012 Concerning the Criminal Justice System that applies even though in its implementation it has not maximize due to some limitations. The rights granted to child as suspects are also given in the form of rights avoided from acts of violence, accompanied by legal counsel and social guidance, the right to express opinions, views freely, receive care and welfare, and the right to be treated equally, Obstacles arising in investigations of children involved in Narcotics transactions in the Payakumbuh Police jurisdiction, including the time to detain children is very limited, namely seven days and can be extended eight days so that investigators must be extra fast to be able to complete the case file, should conduct an examination at the BPOM Padang laboratory. It must be also delivered and picked up by investigators and wait for the results of BAPAS research on the child concerned, and the absence of special investigators for children.]]>
<![CDATA[SENGKETA WARISAN PERUSAHAAN PERORANGAN BERUBAH MENJADI PERUSAHAAN BERBADAN HUKUM ]]>
<![CDATA[Daniel Kuntjoro Budiman]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v5i2.188
<![CDATA[There is a circumstance where some children control an individual company owned by a parent and converted the company into a limited liability company with a loss to the rights of other heirs. The research aims to find on whether a parent’s company is justified or not has been upgraded to a legal entity ignoring other heirs. By using a normative juridical approach, the study is conducted to emphasize the actual facts and analyzed it with applicable regulations. The result shows that it cannot be justified that a limited liability company is established from finances originating of a parent-owned company, since it violates the legitimacy of other heirs’ rights.]]>
