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JURNAL CENDEKIA HUKUM

cendekeahukum
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Published by STIH Putri Maharaja Payakumbuh

ISSN : 23554657 EISSN : 25801678 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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 .

Arjuna Subject : -

Articles 143 Documents

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ANALISA TERHADAP PUTUSAN MAHKAMAH KONTITUSI NOMOR 46/PUU-VIII/2010 MENGENAI STATUS ANAK Darda Pasmatuti
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Marriage is a sacred part of life, because it must pay attention to norms and rules of life in society. But in reality, not everyone is so principled, with a variety of justifiable reasons that are reasonable and acceptable to society, marriage is often not appreciated for its sanctity. Marriage is a medium that will unite two people in a household. Marriage is the only unifying rite of two persons officially recognized in both state law and religious law. Problem under study is to analyze the decision of Constitutional Court Number 46/PUU-VIII/2010 regarding the status of children, in this case the research method used is descriptive research that emphasizes the data in the form of narrative and argumentation of words and not on data in the form of numbers, numbers. Using the normative juridical approach of trying to learn every legal material that is related to the subject of the study and then comparing with the rules of legislation, theories and opinions of experts on the issues discussed. Test material submitted from Hj. Aisha Mochtar to the Constitutional Court regarding the provisions of Article 2 and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage of Article 28 B Paragraph (1) and (2) of the 1945 Constitution relating to the Rights of the Child and Article 28 D of the 1945 Constitution relating to the right of everyone to the recognition, guarantee, protection and certainty of equitable law and equal treatment in before the law. Article 2 of Law no. 1 Year 1974, related to legitimated marriage is marriage recorded at the institution of marriage. Meanwhile, Article 43 of Law no. 1 Year 1974, related to the status of children outside marriage. The test of the material is granted in decision No. 46/PUU-VIII/2010. Which will be discussed is the Decision Analysis of the Constitutional Court. Decision 46/PUU-VIII/2010 child status.

SOSIALISASI RANCANGAN UNDANG-UNDANG PASAL 485 PADA PENANGGULANGAN CYBER SEX Yusnani Yusman; Magfirah Magfirah
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The violation of the law is: "Article 32, which reads every person who played, display, use, possess or store pornographic products as referred to in Article 6 shall be liable to a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). (Note: Article 6 of each person is prohibited from playing, displaying, exploiting, memorizing or storing pornographic products as referred to in Article 4 paragraph (1), except those authorized by law". Islamic law views any extramarital sexual relations as adultery and threatening with punishment, whether the perpetrator is married or not, done likes it or not. Our source of law Qs, 24: 2: "The woman who commits adultery and the adulterer then hail every one of them a hundred times dera. This uses the method of empirical normative legal research, which is "Explaining what it is about a legal event or legal conditions. The municipal or local government seems impressed still in determining the termination of access to pornography or cybersex including socialization of positive criminal law about the crime of single adultery such as Draft Law Article 485. And the proposed criminal law of 2 years imprisonment or fine penalty of R 50,000,000.00 (Fifty million rupiahs) for a single individual. As the law of takzir.

PERLIDUNGAN HUKUM TERHADAP PELAKSANAAN KESELAMATAN DAN KESEHATAN KERJA (K3) PADA PERUSAHAAN Erni Darmayanti
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Legal protection concerning Occupational Safety and Health at company, given in effort of prevention (preventive) to avoid accident and cause work-related diseases. The Importance of Occupational Safety and Health is closely related to employee performance and ultimately affects the company's performance. In this case, this study discusses: First, general understanding of Occupational Safety and Health (K3), Second, How is the protection of law regarding Occupational Safety and Health (K3) according to the laws and regulations in Indonesia. This research is a normative juridical research with secondary data collection method that is research of library (library research) in the form of primary law material, secondary law material and tertiary legal material. The results of this study explain that the safety of work on the company is included in the technical protection, where the protection of the worker in question is for workers to be safe from the harm that can be caused by work tools or materials and work health which is also intended to protect or keep workers from the events harm health and decency in doing his job. Implementation Legal protection of Occupational Safety and Health in legislation in accordance with Law No. 1 of 1970 on Occupational Safety and Law No. 13 of 2003.

KEKUATAN AKTA NOTARIS DALAM MENJAMIN HAK KEPERDATAAN Rahmawati Boty
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Notarial Deed is be able guarantee the civil rights of the legal subject, after authentic agreement and determination, so that there is no approval of the cancellation of the parties, the right of civilization of the legal subject can not be contested. The type of research conducted is a Normative Juridical legal research which is about what becomes the Strength of Notarial Deed in guaranted the Right of civilization. This research have The role and function of the Notary deed to the legal relationship between legal subjects is to formalizd the contents. The legal power of notarial deed if used as a means of verification in civil cases is as perfect or formal evidence. Losses in the responsibility of a notary when doing negligence to the client. Notary's role in making deed either in legal theory or practice is Notary also assigned to do registration and validated the letters / deeds made under the hand.

KEDUDUKAN ORGANISASI KEMASYARAKATAN ASING DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH NOMOR 59 TAHUN 2016 Elwidarifa Marwenny; Engrina Fauzi; Jelisye Putri Cenery
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with democracy and human right but also politically can treaten NKRI.

SISTEM PIDANA DAN PEMIDANAAN DI DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Failin Alin
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Renewal of criminal law in the context of improving the punishment system is still continuing. Of the many things to be updated, one important thing in the penal system is also crucial provided in the reform of Indonesian criminal law is the structural punishment system. This is something that should be included in the concept of reform of criminal law. Barda Nawawi termed as an integral policy in the handling crime to mention the importance of structural punishment system, which also means integral policy in the punishment system. The problems that arise are how the criminal system and punishment in the current Penal Code and the Criminal System and Penalties in the New Criminal Code Concept as Part of the Renewal of Indonesian Penal Law. While the research method The type of research conducted is legal juridical Normative research that is about what the concept of punishment system in the renewal of criminal law in Indonesia that is by collecting data normatively and what is in the Act related to criminal law. In this paper we discussed it can be simply described, so far in the criminal system in Indonesia the focus of criminal offense and criminal responsibility is on the direct individuals involved in the criminal process. Where is often the involvement of other parties besides the individual concerned who can also be held accountable as the impact of the occurrence of a crime. A concrete example, if a child commits a criminal offense, his / her "criminal" is not only granted to the child, but to his / her parents even if the criminal sanction is for example a fine of fines. This is because using the logic that the child is still the responsibility of parents, so that parents are also responsible for the actions of his son.

ASAS PACTA SUNT SERVANDA DALAM PENEGAKAN HUKUM PIDANA INTERNASIONAL Danel Aditia Situngkir
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The dark history of the first world war and the second world war had an impact increasingly increasing international attention to the protection of human rights. One of the efforts made was strengthening the provisions in international law. The state as the main actor in international relations plays an important role in the establishment of norms in international law. In its development, state relations are regulated in international agreements. The most common principle in international treaties is pacta sunt servanda. In general, the pacta sunt servanda defined by the state is only bound by the agreement pursuant approval from the state. This becomes very crucial for the protection of the sovereignty of the state. In reality, however, there are few international treaties that grant rights and obligations to countries that do not participate in international treaties. Related to international criminal law enforcement, the existence of this principle keep on debated, especially since those stipulated in international criminal law are international crimes and punishment of perpetrators of such crimes. The international dimension in a crime can be seen from various aspects. Therefore this paper will discuss the principle of pacta sunt servanda in law enforcement of international criminal law. This research was normative juridical as the main approach. The principle of pacta sunt servanda should not be based of state bondage in international criminal law enforcement, the state may be bound in that by customary international law.

TINJAUAN YURIDIS TERHADAP WANPRESTASI DALAM HAL HUTANG PIUTANG Jon Hendri; Khoiri Khoiri
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Kaselan S.Hut has lent money to Abdul Wahid bin Kosmol with the amount of money of Rp. 162,000,000. But abdul wahid bin kosmol wanprestasi until finally to the court but in the trial, the “majelis hakim” did not consider the willingness shown by abdul Wahid to pay off the debts to kaselan. The problem of the study was how the judges’s legal considerations in deciding cases Number 1372 K / PDT / 2008 and how about a way to prove the case Number 1372 K / PDT / 2008. Furthermore, the method of this journal was the type of normative research, the source data obtained from three parts of Primary Legal Material, the decision of the Supreme Court and the “Perdata" case No. 1372 K / PDT / 2008, secondary law materials from books and “hukum tersier”. From the results, its can be explained that the “majelis hakim mahkamah agung” in conducting examination of cases Number 1372 K / PDT / 2008 has been through legal procedures as defined by the law. However, in giving legal consideration in deciding the judgment only based on the validity of the agreement made by both parties, regardless of the "eksepsi" filed by the defendant, because the defendant also has good willingness and proven by the payment of the debt in several times. In reviewing the instruments of evidence the “majelis hakim mahkamah agung” only concerns for the evidence presented by the plaintiff, whereas the witness evidence presented by the defendant is not a part of assessment of the “majelis hakim”.

PERMOHONAN EKSEKUSI KEPADA PENGADILAN NEGERI BERKAITAN DENGAN PERJANJIAN FIDUSIA TERHADAP JAMINAN YANG DIGELAPKAN Setia Budi
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The execution of fiduciary guarantee execution is stipulated in Article 29 of Law Number 42 Year 1999 concerning Fiduciary Guaranty which states that execution of fiduciary guarantee execution can be done by executing executorial title, sale by public auction, or sale under the hand with agreement of both parties, but in practice sometimes found when executing fiduciary guarantees on one of its borrowers, the guarantee has been transferred and controlled by a third party without the consent of the creditor. Therefore, this paper aims to find out how the process of fiduciary fraud execution against bad debts and how the legal protection against the creditors in the credit agreement of the bank against the problem digelapkannya fidusia guarantee by the debtor party.

ANALISIS YURIDIS PERJANJIAN PEMBIAYAAN KONSUMEN DAN AKIBAT HUKUM JIKA TERJADI WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DI INDONESIA Umul Khair
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

In Article 1329 of the Civil Code, the agreement is divided into 2 (two) kinds, namely the named agreement (nominaat) and unnamed agreement (innominaat). Contracts or agreements develope at this time as a logical consequence of the development of business cooperation between business actors. In a treaty there is one part bind itself to another part. Consumer financing is an agreement not specifically regulated in the Civil Code, but since the book III of the Civil Code embraces an open system, parties may enter into agreements not specifically regulated in the Civil Code. The consumer financing agreement as an Innominaat agreement is also subject to general terms of agreement. In this study using normative research methods, where the authors can examine and can also learn the norms contained in legislation or norms that regulated the principle of freedom of contract according to the Civil Code so that in its implementation in accordance with applicable regulations. The results show how the implementation of consumer financing agreements in Indonesia and how the legal consequences in case of default in consumer financing agreements. First, basically the consumer financing agreement in Indonesia is conducted like other agreements in general. Consumer Financing Agreement is not like a sale or purchase agreement or a lease, but the consumer financing agreement is a combination of both applicable by the parties exercising the rights and obligations in the agreement as described above. Second, the result of the law in case of default, the agreement does not need to be requested for cancellation, but by itself has been null and void, but the provisions of Article 1266 paragraph 2 explain that the consequences of the law of default are not null and void, but must be annulled to the judge. Subsequently Article 1244- Article 1252 of the Criminal Code describes the compensation for default, namely, by paying the actual losses suffered, the fees used, and allowed to cease the expected loss of profits.

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