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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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PENAFSIRAN KONSTITUSI DALAM BINGKAI HUKUM PANCASILA Andi Desmon
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Interpretive activity is an inherent activity with law and legal science. However, during this study the science of law provides a limited place to the activities of interpretation. In fact, the science of law as a practical science in charge of guiding, directing, and controlling the practical application of rational law, should be able to offer alternative solutions to legal problems, so it should provide more space for interpretation activities. Through this research, the researcher described that the interpretation of the constitution within the scope of Pancasila law. This research was normative law research. The data used in this study comes from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials, collected through literature study, and analyzed qualitatively are then presented in the form of analytical descriptive. This study concludes that in order to realize a living constitution that is responsive to societal change, the interpretation of constitutional norms must be based on the meaning of the word and its sentence structure (grammatical), historical (historical), purpose (teleological) the other positive (systematic) laws of the law, and contextually referring to social and economic (sociological) factors with reference to fundamental (philosophical) cultural and humanitarian values (predictions) for future (futurological). The principles and content of Pancasila as a limitation or restriction in the interpretation of the constitution is a necessity for the future of Indonesia, as aspired in the Preamble to the 1945 Constitution.

PELAKSANAAN KONSOLIDASI TANAH PERKOTAAN UNTUK PEMBANGUNAN JALAN BY PASS DI KOTA BUKITTINGGI Ana Ramadhona
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The increasing price of urban land causes the government difficulty in providing land for development. The status of land tenure will be more legal with the certificate as proof of ownership and ownership of land rights. Presidential Regulation no. 65 year 2006 stated that the procurement of land for the implementation of development for public interest by the government carried out by way of disposal or surrender of land rights. Article 18 of the UUPA explains that the revocation of a person's right to the land owned by the government shall only be exercised if the land is used for the common good including the interests of the nation and the state and the common interest of the people, the rights of the land may be revoked, compensating feasible as regulated by law. This study aims to find out how the implementation of land consolidation for the construction of By Pass in Bukittinggi City. To find out the obstacles faced by the local government of Bukittinggi city in the settlement. This research uses sociological juridical method, primary data in research is interview to informant and second data is library materials. The results show that the implementation of land consolidation of By Pass of Bukittinggi city has not been implemented maximally because the community has not fully understand the purpose and objectives of the implementation of land consolidation so that the people do not wholeheartedly implement it. Constraints faced in the completion of land consolidation for by-pass included the lack of public knowledge about land consolidation, the objections of some communities in handing over their consolidated land to the government and Most of the consolidated lands are customary soils together so it is a bit difficult in decision maker.

PROSPEK HUKUM ISLAM DI BIDANG PENGUATAN MONETER DENGAN PEMBERLAKUAN MATA UANG DINAR DAN DIRHAM R Fauzi
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The limitation of the use of coins lies in its weight, so that since before Islam, in addition to the currency of the dinar and dirham, also apply to the trade papers and bonds (credit) for large commercial transactions. In running his government, at least the Prophet set nine policies in the field of monetary, among them are: First, let the currency of dinar and dirhams and trade notes and bonds payable. Second, the exemption of tariffs and import duties on imports of gold and silver and commodities from the Persian and Roman regions. Third, the prohibition of money accumulation (kanz). Fourth, the prohibition of stockpiling to maintain the stability of the value of money. Fifth, the prohibition of lending money (riba) which is run along with the prohibition of hoarding money (kanz) has accelerated the circulation of money directed to investment activities. Sixth, encourage interest-free loans (qardhul hasan) and profit sharing and risk sharing models. Seventh, prevent speculative activities. Eighth, increasing the production of goods and services. Ninth, the abolition of the trade monopoly of the Quraysh in Ukaz and Dul-Majaz markets after the conquest of Mecca. The removal of this monopoly improves the efficiency and distribution of better income. Effective demand and demand for money transactions increased so as to speed up the circulation of money.

ANALISIS DASAR HUKUM BAHASA INDONESIA SEBAGAI BAHASA NASIONAL Neneng Wahyuni
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

This article was written to describe the legal analysis of the Indonesian language as a national language. Indonesian is the language of unity, national language, and national language. The Youth Pledge of the Indonesian Youth Congress on October 28, 1928 was a crystallization of Indonesian nationalism. Indonesian as one of the contents of the youth oath plays an important role for Indonesian nationalism. Indonesian language is a flourishing nationalism in our society that inhabits thousands of islands in the archipelago with various ethnic groups and languages. The language of an area is motivated by different socio-cultural and linguistic backgrounds. Based on this, language will not hamper communication between regions and between cultures, because of the national language or language to avoid misunderstanding with each other due to differences in socio-cultural and linguistic backgrounds. Language as a National language, Indonesian is a dynamic language along with the dynamics of community progress as a result of national development. In order that Indonesian language is used is always good and right, we as speakers of language are required to always be open and dynamic following the development of Indonesian. As an effort to foster Indonesian language, the community must always be positive about Indonesian and Indonesian. Fostering Indonesian language also fosters national nationalism because Indonesian is the national identity of the Indonesian people.

ANALISA YURIDIS BIAYA EKSEKUSI PADA LEMBAGA PEMBIAYAAN Sundaru Guntur Wibowo
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The purchase of consumer goods for the public through financial institutions can answer and be a solution for the community to have these goods, while for financing institutions this is an opportunity to develop their business, both for goods such as cars, motorbikes, furniture and also electronic goods. The community gets the convenience of payments that can be paid in installments according to their ability. The problems and dynamics that arise in this consumer financing agreement are interesting things to study so that people will understand and find solutions. The method used in this study is juridical empirical, using primary data and secondary data and then analyzed using qualitative analysis techniques. The results of the study can answer that the relationship between consumers and financing institutions or companies is the relationship of consumer financing agreements. Consumer financing agreements are always in written form where the agreement clause has been provided by a finance company, or commonly referred to as a standard agreement. With limited purchasing power.

ANALISIS YURIDIS MEKANISME PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL (DALAM KERANGKA GATT-WTO) Ukas Ukas
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The dispute settlement mechanism of the World Trade Organization and the General Agreement on Tariffs and Trade, is a document containing juridical elements, stated about the rights and obligations of the participating countries of the agreement explicitly, of course, often lead to disputes. GATT as an institution has implemented procedures and procedures to deal with disputes arising between participating countries, in the context of international law in general. The process in which the party to the dispute is encouraged to counsel and endeavor to settle the dispute among themselves, and or through the WTO. The formulation of the problem in this research is how the dispute settlement mechanism in international trade and the impact of what is caused in the international trade sector. The method used in this research is empirical juridical analysis, from existing data, with qualitative analysis approach. The point is that the settlement of disputes refers to the provisions and Articles contained in GATT 1947 with the stages of consultation and or the establishment of a panel. The impact associated with international trade is to facilitate import-export and create harmony in international trade between countries.

IMPLEMENTASI TANGGUNG JAWAB SOSIAL PERUSAHAAN PT. TIRTA INVESTAMA DANONE AQUA DALAM PEMBERDAYAAN MASYARAKAT DI KANAGARIAN BATANG BARUS KAYU ARO KABUPATEN SOLOK Yulia Risa; Elwidarifa Marwenny
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

By paying attention to CSR, the company is not only oriented to the finance of the corporate (single bottom line), but also focuses on the balance between financial aspects, social aspects and environmental aspects (triple bottom line). The synergy of these three keys is the concept of sustainable development and community empowerment . This study has three aims. First, to describe and analyzed the regulation of CSR in companies engaged in natural resources. Second, to describe and analyzed the innovation of CSR strategies used by PT. Tirta Investama Danone Aqua in Empowering the communities in Kanagarian Batang Barus Kayu Aro. Third, to describe and analyzed the factors that hamper the development of CSR strategy by PT. Tirta Investama danone Aqua. This study uses an empirical juridical research method to see how the company engaged in natural resources apply the strategies and principles of Corporate Social Responsibility in realizing the community empowerment around the company. The final result that will be achieved is the CSR program by PT. Tirta Investama Kayu Aro will have a better focus on the community development and suistanable environmental development. The implementation of CSR strategic are taken by PT. Tirta Investama Danone Aqua Plan Solok. The implementer of the program entrusted to The Indonesian Family Planning Association (PKBI) in West Sumatra Province. This institution shall be responsible in conducting the CSR strategies in the society and community located around the company location.

UPAYA PENANGGULANGAN TINDAK PIDANA PERJUDIAN OLEH KEPOLISIAN (Studi Kasus Polres Bukittinggi dan Polres Payakumbuh) Failin Alin; Ana Ramadhona
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

If the crime of gambling is left in the City of Bukittinggi and the City of Payakumbuh, then it is not impossible that this future will be bleak because of the mentality of the Indonesian people, especially the younger generation will be dilapidated, even all their behavior will tend to commit crime. The formulation of the problem in this study is whether the causes of gambling crime in the jurisdiction of Bukittinggi District Police and Payakumbuh City Police ?, Are the obstacles in countering the crime of gambling by the Bukittinggi Police investigator and Payakumbuh Police investigator? and the Payakumbuh Police investigator ?, the method used in this research is empirical juridical. The results showed that the causes of gambling crime in the Legal Area of Bukittinggi City Police and Payakumbuh were not only those who belonged to the "haves" group, but from the people who lacked economic conditions, lack of public understanding of religious teachings, and environmental conditions. get used to or at least invite the public to do gambling. Secondly, the obstacles encountered in countering gambling crime by the Bukittinggi City Police investigator and Payakumbuh City are limited by law enforcement officers, especially investigators, lack of facilities and infrastructure in operational costs, non-permanent gambling, some people do not want to be witnesses, lack of awareness the community and the involvement of police officers who became back-up gambling. Third, efforts to tackle the crime of gambling by the Bukittinggi City Police investigator and Payakumbuh City are carried out in a preventive and repressive manner.

PELAKSANAAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DI POLRES SIJUNJUNG Sry Wahyuni; Helfira Citra
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

This Research discuss diversion implementation by the police station of Sijunjung as the alternatif resolving criminal case children in conflict with law. As for that to be special purpose from this research : the first, describe the diversion implementattion as the alternatif resolving criminal case children in conflict with law; the second, Describe the from of diversion as mediation penal that implementation in Sijunjung Police station; the third Conclude any obstacles faced in diversion implementation as the alternatif resolving criminal case children in conflict with law of Sijunjung Police station. The result of this research is implementation of diversion can be more optimal. In case to solve the problem of children especially child crime for guarantee legal certanty for children in conflict with law. This process usually settle out of court, that is through diversion based on approach restorative justice in the Sijunjung region. Therefore, not many children are required carry out criminal liability that should in the age of children get contruction according to their age.

TANGGUNG JAWAB DOKTER TERHADAP PASIEN DALAM HAL TERJADINYA MALPRAKTIK MEDIK DILIHAT DARI PERSPEKTIF HUKUM PERDATA Resfina Agustin Riza
JCH (Jurnal Cendekia Hukum) Vol 4, No 1 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

A doctor are obligated to do their duty with his or her ability and responsibility. However, doctor also make mistake because of neglect. The mistake in serving the patient is called medical malpractice. Their mistakes or negligence bring harm to the patient. Example is a case that happened to M S in Medan, North Sumatera. She came to the gynaecologist to treat her disease. Because the mistake of the doctors in surgery, the patient became disable for the rest of her life. The problems in this research is How the relationship between doctor and patient in a medical action according to the civil law? How is the responsibility of the doctors to the patient in medical malpractice action as case?. the writer used juridical normative method. The research done by the writer resulted in doctor and patient relationship in civil law point of view, which is the bonded relationship between medical service as the medical act between the provider of medical services with the receiver. The civil law responsibility of the doctor in case of medical malpractice comes from two basic law they are the responsibility as a doctor and the responsibility against law.

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