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[COSTUMER PROTECTION AGAINST CIRCULATING OF PRODUCT WITHOUT INFROMATION ATTECMENT IN BAHASA INDONESIA ]]>
<![CDATA[Tomy Yoanes]]>;
<![CDATA[Iriansyah Iriansyah]]>;
<![CDATA[M. Yusuf Daeng]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.321
<![CDATA[Based on Article 8 Paragraph (1) Letter j Law Number 8 of 1999 concerning on Consumer Protection, it states that business agents are prohibited to produce and / or trading goods and / or services for do not provide the information and / or instructions for using the goods in Indonesian. This research aims to explain of the legal protection of consumers for the distribution of food and beverage products that do not include the information of the product in Bahasa in Bengkalis Regency based on the legislation of Indonesia Number 8 of 1999 about the regulation of Consumer Protection. The method used in this research is socio-legal research. The results of the research explains that the legal protection of consumers for the distribution of food and beverage products for do not include information in Bahasa in Bengkalis Regency has not been implemented verywell; because circulating of food and beverage products in Bengkalis Regency have distributed to local market places without providing product’s information in Bahasa. The legal consequences for consumers for the circulation of food and beverage products without providing product’s information in Bahasa can be detrimental for consumers because consumers can not find information about these food and beverage products as well as the contents and the ingridiances of the product , including whether or not such food and beverages are dangerous.]]>
<![CDATA[THE ROLE OF “KERAPATAN ADAT NAGARI (KAN)” IN SOLVING THE DISPUTE OF COMMUNAL LAND ]]>
<![CDATA[Faisal Bukhari]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.340
<![CDATA[According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land disputes in Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency. The method of the research is an empirical juridical approach. The conclusion of research is that the role of Kerapatan Adat Nagari (KAN) of Bukik Sikumpa of Lima Puluh Kota district is as the mediator any disputes where the provisions of Perda No. 7 of 2018 as the legal basis. This provision declares that every local villagers have to prioritie in conducting local wisdom deliberation as solving problem among the family, community, and tribal levels. Kerapatan Adat Nagari (KAN) acts as an intermediary in resolving disputes if these three domains of local deliberation have been taken by the disputing families. Due to local religious philosophy "Adat basandi syarak, syarak basandi Kitabullah", every customari chiefs whether they are members of the Kerapatan Adat Nagari (KAN) or who are not, should increase the sense of justice and be wiser for people's trust restoration.]]>
<![CDATA[THE SOCIAL AND ENVIROMENT RESPONSIBILITY OF PLANTATION COMPANY AND OIL PALM MANUFACTURER IN SIAK DISTRICT ]]>
<![CDATA[Resky Pratama Saputra]]>;
<![CDATA[Fahmi Fahmi]]>;
<![CDATA[Yeni Triana]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.322
<![CDATA[Based on Article 74 Paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, it is stipulated that companies that carry out their business activities in the field of natural resources and / or fields related to natural resources are obliged to carry out social and environmental responsibility. This research aims to explain the social and environmental responsibility of plantation companies and oil palm mills in Siak Regency based on Law Number 40 of 2007 concerning Limited Liability Companies. The method used in this research is socio-legal research. The results of the research explained that the social and environmental responsibility of the plantation company and palm oil mill PT Teguh Karsa Wana Lestari in Siak Regency based on Law Number 40 of 2007 concerning Limited Liability Companies isn’t yet implemented. Legal sanctions for oil palm plantation and mill company PT Teguh Karsa Wana Lestari in Siak Regency are companies that don’t carry out social responsibility are subject to administrative sanctions based on Law Number 40 of 2007 concerning Limited Liability Companies, while companies that don’t carry out their responsibilities environment can be subject to criminal sanctions based on Law Number 32 of 2009 concerning Environmental Protection and Management.]]>
<![CDATA[THE JURISDICTION OF INTELLECTUAL PROPRIETARY RIGHTS OF NAMBO WEAVING AFFAIRS OF BANGGAI REGENCY ]]>
<![CDATA[Rahmat Setiawan]]>;
<![CDATA[Firmansyah Fality]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.294
<![CDATA[Nambo weaving is a local wisdom as the pride of the people in Banggai Regency. As the heritage of the artistic art of local weaving affais which has the artistic value deserves to be excelled by acclamated the Nambo Weaving as the land mark for tourism sectors in Banggai District of Central Sulawesi. The practical purpose of this article is to observe the jurisdiction of Intellectual Proprietary Rights and the efforts to provide legal protection for the existence of Nambo Weaving. Empirical legal research is as method of the research; specifically is based on the sociological juridical type. Sociological juridical research is research based on normative legal science and its implementation. The results showed that legal protection of Intellectual property rights for Nambo Weaving can be done by protecting the Geographical Indication. The safeguard that has been done is registration of Geographical Indications of Nambo Weaving. However, the registration process is still pending at the substantive examination stage. As for the efforts made to support legal protection of Intellectual property rights for Nambo Weaving are by optimizing the registration process for the Geographical Indication for Nambo Weaving, registering the copyright for Nambo Weaving motifs and providing guidance to craftsmen.]]>
<![CDATA[THE IMPLEMENTATION OF COMPANY’S CSR PROGRAM IN EMPOWERING THE ECONOMY OF RURAL COMMUNITIES DURING THE COVID-19 PANDEMIC ]]>
<![CDATA[Sandra Dewi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.344
<![CDATA[This research aims to explain the implementation of the company's CSR program in empowering the economy of rural communities during the Covid-19 pandemic based on Riau Provincial Regulation Number 6 of 2012. The method of the research is socio-legal research. The results of the research explain that the Covid-19 Pandemic has the impact toward the sustainibility local economy of Riau Province, including the people of Palas Village. In addition for expecting social grant from the government, one great opportunity for inhabitants of Palas Village for the enhancement of local economy condition must based on the application on the CSR programs of companies operating system in Pelalawan Regency. Companies that carry out their business activities in the field of natural resources and / or fields related to natural resources must require to carry out CSR. Based on Article 32 of Riau Provincial Regulation Number 6 of 2012, it is stated that companies that do not implement CSR will be worned of administrative sanctions in the form of written warnings and restrictions on business activities, freezing of business activities, and revocation of business activities.]]>
<![CDATA[ONLINE SELLING AND BUYING FRAUD: THE LAW OF ELECTRONIC TRANSACTION PERSPECTIVE ]]>
<![CDATA[Muhammad Kamran]]>;
<![CDATA[Ahmadi Miru]]>;
<![CDATA[Maskun Maskun]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.304
<![CDATA[The 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.]]>
<![CDATA[AUTHORITY AND RESPONSIBILITY OF NOTARY IN THE RETENTION OF DOCUMENTS OF PARTIES OTHER THAN NOTARY PROTOCOL IN THE IMPLEMENTATION OF ITS OFFICE ]]>
<![CDATA[T. Zikri Yutami Hamda]]>;
<![CDATA[Yanis Rinaldi]]>;
<![CDATA[Teuku Abdurrahman]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.299
<![CDATA[Article 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.]]>
<![CDATA[THE POLICY OF OVERCROWDING MANAGEMENT OF JAIL IN INDONESIA DURING COVID-19 PANDEMIC ]]>
<![CDATA[Rudini Hasyim Rado]]>;
<![CDATA[Nurul Widhanita Yuniar Badilla]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.332
<![CDATA[This research is focused on the overcrowding management policy of jail capacity in Indonesia by utilizing coronavirus disease (covid-19) pandemic momentum. The method of the research is an empiric juridical law method and other related laws and regulations as the primer data confirmed with the observation. Data analysis of the research is based on descriptive analysis. Based on the research data, it might be concluded that the situation in the prisons before the covid-19 pandemic was nationally overcrowding in 102% and it occurred almost all over Indonesia. This overcrowding condition was overloaded and inhuman, moreover in the covid-19 pandemic period. It potentially transmits the disease to the prisoners and officers, thus assimilation policy had been applied by intention to release 40.026 prisoners. It decreases the overcrowding percentage to be 74%. On the other side policy restriction for particular crimes might provide more spaces in the prisons, even though it is hard to be considered effective because overcrowding is still existed.]]>
<![CDATA[E-LITIGATION AS THE AMENITIES FOR THE PRINCIPLE OF CONTANTE JUSTITIE MANIFESTATION OF CIVIL JURISDICTION IN INDONESIA ]]>
<![CDATA[Zil Aidi]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.310
<![CDATA[E-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.]]>
<![CDATA[THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Sukmareni Sukmareni]]>;
<![CDATA[Roni Efendi]]>;
<![CDATA[Riki Zulfiko]]>
<![CDATA[ JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM) ]]>
Publisher : <![CDATA[STIH Putri Maharaja ]]>
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DOI: 10.33760/jch.v6i2.337
<![CDATA[The 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.]]>
