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Jurnal Hukum Jurisdictie

Jurisdictie
Website

Published by Universitas Islam As-Syafi'iyah

ISSN : 16935918 EISSN : 28098641 DOI : https://doi.org/10.34005/jhj

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

Jurnal Hukum Jurisdictie is focused on publishing the original research articles, review articles from contributors, and the current issues related to Law Studies. The main objective of Jurnal Hukum Jurisdictie is to provide a platform for the international scholars, academicians, and researchers to share the contemporary thoughts in the fields of Law Studies. SCOPE. Jurnal Hukum Jurisdictie publishes research papers in the all the fields of Law Studies. Constitutional Law, Criminal Law, Business Law Syaria Business Law, International Law, Islamic Law, Anti-Corruption Law

Arjuna Subject : Ilmu Sosial - Hukum

Articles 52 Documents

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ASPEK HUKUM TINDAK PIDANA PENYIMPANAN/ BARANG KEBUTUHAN POKOK DAN BARANG PENTING Abdi I; Syarif Fadillah; Damrah Mamang
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Abdi 2017, Review Of The Criminal Law On The Storage Of Basic Goods and Essential Goods.The crime of storing basic goods is a form of economic crime that occurs in the community but is rarely touched by law enforcement. Storage activities are carried out at a time when the food sector in Indonesia is experiencing a crisis of food sources caused by overexploitation or poor natural conditions. As a result, inflation is out of control. The question is how is the analysis of criminal law in Indonesia in storing basic goods and essential goods? And what is the form of criminal responsibility for the storage of basic goods and essential goods? In the discussion of this thesis, the method used is a juridical normative research method using the conseptual apparach approach. Criminal liability of criminal perpetrators of the crime of storing basic goods and essential goods and accounted for to people or corporations as legal subjects. Because those who can make mistakes are people as well as corporations. This person or corporation is also included in the investigation of business actors in the Trade Act so that they can be held accountable for criminal acts. The criminal arrangement of the criminal act of storing basic and essential goods is regulated in Law No. 7 of 2014 on trade in law No. 18 of 2012 on food and Presidential Regulation No. 71 of 2015 on the storage of basic goods and essential goods and related laws and regulations related to others.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA JASA TRANSPORTASI ONLINE Anggun Lupita; M. Yasin Ardhy; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Anggun Lupita, 2018, Legal Protection against Users of Online Transportation Services, Thesis, Faculty of Law, Islamic University as-Shafi'iyah, Jakarta. This research aims to find out the implementation of legal protections for consumers of online transportation service users who experience losses or accidents and dispute resolution of users of online transportation services. The purpose of this study is to find out how to implement legal protections for consumers of online transportation service users who experience losses or accidents. Formulation of the problem: (1) How to implement legal protections against consumers of online transportation service users. (2) How to resolve disputes with users of online transportation services. Company PT. Go-Jek as an online transportation provider company must provide compensation or insurance to consumers of online transportation service users in the form of Go-Car who have an accident, stipulated in Article 237 of Law No. 22 of 2009 on Traffic and Road Transportation expressly requires public transportation companies to follow the accident insurance program as a form of responsibility for insurance guarantees for accident victims. In the implementation of legal protections for consumers of online transportation service users who have a Go-Car accident, PT. Go-Jek as a transportation provider of Go-Jek only provides compensation or insurance of Rp 10,000,000.00 and hospital costs of Rp 5,000,000.00, as a form of responsibility and compensation to consumers who have experienced accidents. In the settlement of disputes of users of online transportation services that occur in go-car accident cases in Manado that occur by consumers are out of court (non-litigation) or familially in accordance with the results of the agreement of the parties. The conclusion of this study according to the authors of the implementation of compensation in the form of compensation or insurance to consumers of go-car online transportation service users as victims of accidents is unfair and not in accordance with the Regulation of the Minister of Finance No. 16 of 2017 on Large Compensation and Mandatory Contribution of Road Traffic Accident Fund, compensation for victims of road traffic accidents.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN APARTEMEN TERKAIT HAK ATAS TANAH BERSAMA Diah Kartika Mayasari; Slamet Riyanto; Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Diah Kartika Mayasari, 1220140030. Flats are built as an effort to meet the need for housing, especially in the city and supporting areas around it which are increasingly difficult to meet due to the high rate of population increase while the land area does not increase. With increasingly affordable prices, strategic location and complete facilities of the apartment becomes its own attraction for the community. But in practice in the field, many consumers who buy apartments without knowing the status of ownership of the land where the apartment stands. If the status of the land is SHM atan HGB Murni then there is no problem, The problem that may arise is if the status of the land is HGM above the Management Thing (HPL), if HGB has matured and the government or third party as the landowner does not want to extend the HGB, then it is entitled to take back the land. The purpose of this study is to find out how to regulate land rights related to land with apartments, how the practice of providing information by developers to prospective consumers regarding land rights with apartments and how legal protection of apartment consumers in disputes over shared land rights. The research method used is an empirical juridical method. The data collected is information relevant to the topic or problem that will or is being researched. Information can be obtained from books, research reports, scientific essays, theses, regulations, provisions and written sources both printed and electronic. In addition, data is also obtained from interviews with several developers and consumers of the apartment. The results showed that the majority of developers did not inform prospective consumers about the status of the land to be built unless asked by consumers. This led to allegations that developers could be hiding something that could one day harm consumers. The legal protection of consumer flats has been regulated in the Flats Act, so it does not use the Consumer Protection Act. Some provisions in it impose obligations to sellers (legal entities) to meet technical, administrative and civil requirements with the threat of administrative, civil or criminal sanctions.

EFEKTIFITAS PENGAWASAN DAN PENGENDALIAN PEREDARAN MINUMAN KERAS DENGAN PENGENAAN DENDA BERDASARKAN PERATURAN DAERAH KOTA BEKASI NOMOR 17 TAHUN 2009 M Mawaddah; Dailami Firdaus; Damrah Mamang
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

This study aims to find out how effective the control and circulation of liquor in the city of Bekasi and the obstacles and constraints of the Bekasi city government in reducing violations of the circulation and sale of liquor in the city of Bekasi. There is a problem that will be studied in this study, namely how the role of the Bekasi city government and its staff in controlling the effectiveness of Bekasi city regulation number 17 of 2009 concerning the supervision and control of liquor circulation. This study uses empirical juridical research. The data sources used are primary data obtained through interviews with related sources in Bekasi city government, civil service police, police, industry and trade offices of the city of Bekasi, national and political health services, with the object of research, namely liquor control efforts in Bekasi city. This study uses primary law, namely the Republic of Indonesia Law Number 9 of 2015 concerning the Second Amendment to Law Number 23 of 2014 concerning Regional Government, Republic of Indonesia Government Regulation Number 6 of 2010 concerning Civil Service Police Unit, Minister of Trade Regulation Number 06 / M-DAG / PER / 1/2014 concerning control and supervision of the procurement, circulation and sale of alcoholic beverages, Regional Regulation Number 17 of 2009 concerning supervision and control of liquor circulation in the city of Bekasi. The results of the study show that the supervision efforts carried out by the relevant authorities such as the PP satpol,the police and the integrated team of the city of Bekasi are not effective due to the lack of law enforcement by the authorities. and related facilities that are still limited, the participation of the community that is still minimal and not yet concerned about the environment. Suggestions given from this study are that there is a need to change Bekasi Regional Regulation No. 17 of 2009 concerning regulations and control of liquor circulation, especially for sanctions contained in these regional regulations and the regional regulations can be accepted and adhered to by the people of Bekasi city.

PERLINDUNGAN HUKUM KONSUMEN TERHADAP PEREDARAN PRODUK VAKSIN PALSU Tri Astuti; Efridani Lubis; Mohammad Zakky As
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

In the Law 1945 the Unitary State of the Republic of Indonesia article 1 paragraph (3) affirmed that the State of Indonesia is a state of law. In addition, in the General Explanation of the 1945 Constitution on The System of State Government, it is explained that: Indonesia is a country based on law (Rechstaat) is not based on mere power (Machstaat). Laws are formulated to regulate and protect the interests of the community and to protect human rights. The need for law to provide Indonesian Consumer Protection is inevitable, in line with one of our national development goals, namely protecting the Indonesian nation and all Indonesian blood (the opening of the 1945 Constitution paragraph IV). In this study, the author focused on the formulation of the problem "How is the legal protection of consumers against the circulation of counterfeit vaccine products?". This research aims to find out the legal protection of consumers against the circulation of counterfeit vaccine products. While this research method is Normative Juridical. Referring to the formulation of the issue regarding the protection of consumer law against the circulation of counterfeit vaccine products, the Author concluded that the regulation of the circulation of vaccine products according to the consumer protection law is Consumer Protection regulated in Law No. 8 of 1999 the understanding of consumer legal protection is all legal certainty to provide protection to consumers.Supervision of the Food and Drug Administration (BPOM) in the circulation of vaccines is one of the biological products categorized as high risk products, so it requires special consideration and attention and stricter supervision than drug products in general. Legal settlement efforts on fake vaccines are carried out in two ways, namely through the general judiciary and outside the court.

ANALISIS PENERAPAN PRINSIP PREJUDICIEL GESCHILL DALAM PUTUSAN SELA PENGADILAN NEGERI BEKASI NOMOR: 1242/Pid.B/2018/PN.Bks Tanggal 19 November 2018 Nur Agustina Utami; Syarif Fadillah; F fauziah
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

The judge as the part that decides on the case plays a very important role in determining thefuture of the law, because each judge's decision will become the center of public attention. Thejudge does not only act as a mouthpiece of the law, but the judge also acts as the inventor of the law (recht vinding). The exercise of the authority of judges in criminal proceedings in law enforcement should uphold the principles that apply in the Criminal Procedure Code in court and benefit justice seekers. in the development of criminal procedure law in Indonesia,specifically regulating the postponement of criminal proceedings related to civil cases or socalled prejudiciel geschil in Indonesia, is regulated in Article 81 of the Criminal Code whichstipulates that "Postponement of criminal prosecution develops with judicial disputes, delaysexpired ". However, if examined closely, it seems that the provisions of Article 81 of theCriminal Code only link prayer disputes with expiration, but not explicitly which will takeprecedence when civil and criminal cases are brought to court at the same time. Theunregulated court dispute has clearly made the legal vacuum (rechtsvacuum) related toprejudicieel geschil, as well as lead to dualism in judicial practices in Indonesia.

PENEGAKAN HUKUM TERHADAP PENGEDARAN OBAT-OBATAN YANG TIDAK MEMILIKI IZIN EDAR PADA MASA PANDEMI COVID 19 Tantra Hadimulya; Efridani Lubis; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Lina Marlena, 1220160040, Law Enforcement Against Circulation Of Drugs That Do Not Have ACirculation Permit During The Covid 19 Pandemic. Faculty of Law, Universitas Islam Assyafi’iyah, 2020. The purpose of this study is to determine law enforcement efforts without adistribution permit during the Covid 19 pandemic. This research uses a juridical-empirical researchmethod, a problem approach based on applicable laws and regulations, then touches on legalprinciples and facts of events. that happens on the field. The results of the study can be concludedthat someone can be said to have carried out the act of circulating illegal drugs if they violate articles196-197 of Law No. 36 of 2009 concerning Health. Meanwhile, corporations that carry out illegal drug distribution are charged under Article 201 of the Health Law and also for law enforcement, forperpetrators who have circulated illegal drugs, there are several sanctions, namely for criminal sanctions the perpetrator can be subjected to articles in accordance with the health law. , and forcivil sanctions the perpetrator is responsible for providing compensation for damages or losses to consumers as a result of consuming goods, and finally administrative sanctions in the form of verbal warnings, revocation of business licenses, and imposition of disciplinary penalties based onprevailing laws and regulations.

TINJAUAN HUKUM KEWENANGAN JAKSA DALAM PEMERIKSAAN TAMBAHAN MENURUT ASAS DOMINUS LITIS BERDASARKAN KUHAP Alfajri Firmansyah
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

As a product of the law touted as the great work of the nation Indonesia, KUHAP introduces a functional differentiation framework, where The investigation is entirely handed over to the police, while the prosecutor's office serves only as a public prosecutor and the conduct of the management of judges. In kuhap itself adheres to the principle of functional differentiation, will It raises a question as to what is the position of Dominus litis in the KUHAP when combined with the integrared criminal justice system in it it contains the principle of functional differentiation. It means when we leave. From the understanding that Dominus litis is the controller of the case, then the extent to which stages of the examination process that can be viewed as dominis litis Jaksaan This question is a consequence, when the relationship between police with the prosecutor at the investigation stage is only limited to coordination Functional. KUHAP which adheres to the principles of specialization, differentiation and complement, not only distinguishing and dividing tasks and authorities, but also provides a barrier to accountability for the scope of the investigation's duties, investigation, prosecution and examination at an in-ordered court hearing. The consequences that arise from the principle of functional differentiation, illustrated from several the case that led to a free verdict from the Panel of Judges, due to witnesses / The defendant revoked BAP a quo. Revocation of bap witness/defendant, due to pressure or engineering of the case at the stage of investigation conducted by the police as an investigator. The above incident clearly harms the prosecution. general and the accused himself.

DISPARITAS PENAFSIRAN HAKIM DALAM TINDAK PIDANA PENIPUAN YANG TIMBUL DARI PERBUATAN WANPRESTASI Gatot Rachmat Slamet; Syarif Fadillah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

There is a disparity in the interpretation of judges in cases of fraud and default on decisionsbecause in practice there have been many violations committed by one of the parties to theagreement. above is more complicated when there is no understanding among law enforcementofficials in determining the juridical boundaries between Fraud and Default. This research is anormative juridical research with a legal material search. The results showed that the Judges'Interpretation in Fraud Cases Arising From Default Actions in several cases that had beendecided, it appears that the Panel of Judges has a different interpretation regarding the elementsof deception. In the evidentiary practice, there has been inconsistency regarding the interpretation of criminal acts of fraud, especially regarding the elements of deception. There is an inconsistency from the Panel of Judges' disclaimer regarding the criminal act of fraud based on the case studies that occurred, for example in determining whether the fraud occurred before the agreement wasmade or after the agreement was made (tempus delicti).

IMPEMENTASI PEMBERIAN KOMPENSASI TERHADAP KORBAN TINDAK PIDANA TERORISME BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 31 TAHUN 2014 TENTANG PERLINDUNGAN SAKSI DAN KORBAN yun Frida Isnaini; Abdul Haris Semendawai; Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Yun Frida Isnaini, 1220160023, The Implementation of Compensation for Victims of CriminalActs Terrorism According to concerning Protection of Witnesses and Victims Law Number 31 of2014. Faculty of Law, Universitas Islam As-Syafi’iyah, 2020. This study elaborate on theprotection of victims of terrorism according to the Protection of Witnesses and Victims Law. Thisstudy aims to determine that there is a need for compensation for victims of criminal acts ofterrorism in Indonesia, as well as for criminal acts of terrorism to be compensated based on thelaws in Indonesia. The research was conducted by analyzing court decisions. In addition, theauthor also conducts literature studies by examining books, literature, and invitation regulationsrelated to the problems that the author discusses in this thesis. The results of the research showthat: (1) The mechanism for providing compensation by the Witness and Victim Protection Agencythrough court decisions, (2) Compensation is a form of state responsibility for victims of criminalacts of terrorism.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Efridani Lubis

Contact Email fhuiajurisdictie@gmail.com

Phone +6221-8484719

Journal Mail Official fhuiajurisdictie@gmail.com

Editorial Address Gedung Alawiyah Lt. 5, Jalan Raya Jatiwaringin No. 12 Pondok Gede, Jakarta, Indonesia, 17411

Location Kota bekasi, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Efridani Lubis

Contact Email
fhuiajurisdictie@gmail.com

Phone
+6221-8484719

Journal Mail Official
fhuiajurisdictie@gmail.com

Editorial Address
Gedung Alawiyah Lt. 5, Jalan Raya Jatiwaringin No. 12 Pondok Gede, Jakarta, Indonesia, 17411

Location
Kota bekasi,

Jawa barat

INDONESIA