cover
Contact Name
Olivia Anggie Johar
Contact Email
oliviaanggiejohar@unilak.ac.id
Phone
+628117581987
Journal Mail Official
jurnalgagasanhukum@unilak.ac.id
Editorial Address
Magister Ilmu Hukum Universitas Lancang Kuning Jl. Yos Sudarso KM. 8 Umban Sari Atas, Rumbai, Pekanbaru-Riau website: http://journal.unilak.ac.id/index.php/gh/index
Location
Kota pekanbaru,
Riau
INDONESIA
Jurnal Gagasan Hukum
ISSN : -     EISSN : 27148688     DOI : https://doi.org/10.31849/jgh.v3i01.7500
Core Subject : Humanities, Social,
Jurnal Gagasan Hukum menerima pengajuan artikel ilmiah yang akan diterbitkan yang mencakup pemikiran akademis asli dalam bidang hukum pidana, hukum tata negara, hukum bisnis, hukum lingkungan, hukum kesehatan, hukum syariah, dan bidang hukum yang aktual lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
The Implementation Of Re-Measurement Due To The Difference In The Land Area Listed On Certificates With Factual Land Area (Case Study In Pekanbaru Land Office) Ade Pratiwi Susanty; Suhendro Suhendro; Devie Rachmat Ali Hasan Rifaie
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.12300

Abstract

This article aims to explain the factors that cause the difference between juridical data and physical data/actual data in Land Title Certificate, and appropriate legal protection. This is yuridis empirical research and qualitative approach with descriptive explanatory technique. Research location at Pertanahan of Pekanbaru City`s office. This research revealed that the re-measurement caused by the incompatibility between the land area stated in the measuring letter and the land factual data at the Pekanbaru City Land Office has not been carried out properly, this is because there are still many applications for re-measurement that have not been completed. The Obstacles in re-measurement implementation include incomplete application files, shifts between the boundaries owned, and the existence of borders that do not want to sign new land boundaries. The efforts to overcome obstacles as well as legal protection for land rights certificate holders containing differences in factual data and juridical data are to make agreements for parties who do not want to restore land boundaries, settlement can be amicably by mediation by the land office, if it cannot be resolved amicably, then the rights holder can carry out legal liability by filing a lawsuit with the court.
Accountability of Receipt and Expenditure of Political Party Finances in Pekanbaru City Based on Minister of Home Affairs Regulation Number 36 of 2018 Muhammad Ridwan
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.10641

Abstract

This study analyzes the accountability reports of political parties for financial assistance and expenditures originating from the regional budget using the sociological legal research method. Whereas there are obstacles in the practice of managing funds by members of political parties who are not accountable due to the limited knowledge of the management, as well as the change of management so that accountability is delegated to the new management. The imposition of administrative sanctions in the form of not being given APBD financial assistance to political parties that violate the provisions beyond the deadline or do not submit accountability reports to the Audit Board of Riau Province can encourage political parties to prepare accountability reports on financial receipts and expenditures.
Implementation Of Regional Regulation Number 9 Of 2004 Regarding Permits For Establishing Supermarkets In Marpoyan Damai District Riantika Pratiwi; Ghatra Alhadi
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.12747

Abstract

The purpose of this study is to explain the implementation of the regional regulation of Pekanbaru City number 9 of 2014 concerning the management of people's markets, shopping centers and supermarkets regarding permits to establish supermarkets in Marpoyan Damai District. This research method was carried out using the sociological legal research method. The results of the study revealed that the implementation of supervising supermarkets in Marpoyan Damai District has not been running in accordance with the Regional Regulation of Pekanbaru City number 9 of 2014 concerning the management of people's markets, shopping centers and supermarkets because there are still many supermarkets that do not have SIUP and supermarkets that do not register repeat. Keywords: Regional Regulations, Licensing, Self-Service
Implementation Of Lampung Regional Regulation Number 7 Of 2021 Concerning Implementation of Social Welfare of Persons With Disabilities (Study in Lampung Regional Government) Tri Purnama Edy; Anggalana; Angga Alfiyan
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.12917

Abstract

The purpose of this study is to analyze how the Government's efforts in this case the Lampung Regional Government as stake holders, are fully responsible for the implementation of the welfare rights of persons with disabilities and provide empowerment facilities so that persons with disabilities can develop independently, as affirmed in Law Number 8 of 2016 concerning Persons with Disabilities. The method used in this study is sociological juridical which focuses on the implementation and inhibiting factors for the implementation of welfare for persons with disabilities in the Lampung area. The results of this study show that Lampung Province itself has made legal products as stated in Lampung Regional Regulation Number 7 of 2021 concerning Social Welfare for Persons with Disabilities.
Judges' Considerations In Making Decisions On Actors Who Distribute/ Transmission Of Information/ Documents Violated Electronics Decency (Decision Study Number: 471/Pid.Sus/2022/PN Tjk) Aditya Rahmad Saputra; I Ketut Seregig; Yulia Hesti
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.12930

Abstract

The purpose of the study is to determine the judge's consideration on the decision of the criminal act of distributing / transmitting information / electronic documents that violate decency Number: 471/Pid.Sus / PN Tjk which is seen from the principle of legal certainty and decency. The research method used is a normative legal research method. In this study, the methods used in analyzing problems are the statutory approach and also the case approach. The findings are that the judge's consideration of the criminal act of judgment Number: 471/ Pid.Sus/PN Tjk is that it has fulfilled the principles of legal certainty and decency.
Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase Risa Septiana; M. Sudirman; Erny Kencanawati
Jurnal Gagasan Hukum Vol. 4 No. 02 (2022): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v4i2.12937

Abstract

Currently, the need for authentic certificates as evidence is increasing along with the increase in business relationships in various business fields, both on a local and international scale. Most people acquire land by buying and selling. In preventing land problems so that conflicts do not occur in the community, it is necessary to have regulation, control and use of land regulated in the BAL. This study uses a normative juridical law approach with sufficient literature so that secondary data is also needed. The theory of legal certainty is also discussed in this study, because it is fair and implemented normatively, not sociologically. The Civil Code, the sale and purchase of land is essentially a transfer of land rights to other parties/persons in the form of land sellers to land buyers. Buying and selling in customary law is a legal act of transferring land rights by paying the price at the same time in cash.
Judges' Considerations In Implementing Criminal Sanctions To Persons Of The Crime For Forcing Children To Perform Abusive Actions (Decision Number: 150/Pid.Sus/2021/PN Gdt) Muhammad Umar Adinata; S. Endang P; Indah Satria
Jurnal Gagasan Hukum Vol. 5 No. 01 (2023): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v5i01.13016

Abstract

Abstract One example of the crime of forcing a child to commit obscene acts is based on Decision Number: 150/Pid.Sus/2021/PN Gdt which states that the Defendant Nuzul Hairi Bin Nurul Huda has been legally and convincingly proven guilty of committing a crime of committing violence and threats of forceful violence child commits obscene acts. Factors that cause perpetrators to commit crimes of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt are educational factors, environmental factors or place of residence. The criminal act of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police is indicated by the process of development of culture and civilization. Displacement of norms of behavior in western cultural areas and studied as a mental conflict or as a clash of cultural values. Economic factor theory is fundamental to all social structures. Economic development in the jurisdiction of the Pesawaran Resort Police tends to be uneven, there are still many people who have not found work or are unemployed. This condition causes social deviations in society, such as the crime of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police. The judge's considerations in applying criminal sanctions to perpetrators of the crime of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt consist of 2 (two) things, namely aggravating things and mitigating things. What was aggravating was that the actions of the defendant had damaged the future of the witness-victim, the parents of the witness-victim felt very objection to the actions of the defendant, and the actions of the defendant had violated religious norms. Meanwhile, the mitigating factors are that the defendant admits and regrets his actions and promises not to repeat his actions, and the defendant has never been punished.
Law Enforcement By Drugs Reserve Unit In Metro Resort Police Against Narcotics Abuse In Public Audience (Decision Number: 176/Pid.Sus/2021/Pn.Met) Kandiawan Putra Raja Oloan Rambe; Risti Dwi Ramasari
Jurnal Gagasan Hukum Vol. 5 No. 01 (2023): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v5i01.13043

Abstract

The rise of narcotics abuse cases in Indonesia is currently increasingly troubling the community. Perpetrators of narcotics abuse are not only adults, even teenagers or parents are very many. The domino effect resulting from narcotics abuse is also increasingly diverse, and efforts to overcome narcotics abuse are steps that are not easy to implement. The problem in this study is how the efforts by the Metro Police Narcotics Investigation Unit and the inhibiting factors in law enforcement against perpetrators of narcotics abuse in the general public.Research method The research method uses a normative juridical approach and an empirical approach using secondary data and primary data, then a qualitative juridical data analysis is carried out. The results of the study show: (1) Law enforcement efforts by the Metro Police Drug Investigation Unit against perpetrators of narcotics abuse in the general public through preventive and repressive measures. (2) The inhibiting factors are the lack of coordination in the field and the limited personnel of drug investigators, the lack of supervision of the community for the prevention and eradication of drugs in the community, and the lack of facilities and infrastructure in the counseling and coaching process that support the prevention of drug crimes.Suggestions, awareness is needed from all parties, both from the government, society and the perpetrators themselves to be immediately aware of the dangers of narcotics abuse by holding and attending more frequent seminars, legal counseling and discussions regarding the dangers of narcotics.
Optimizing The Role Of The State Administrative Court In Assessing Elements Of Abuse of Authority Based on Law No. 30 of 2014 jo. Supreme Courts No. 4 of 2015 Bagus Teguh Santoso; Samuel Dharma Putra Nainggolan; Jamalum Sinambela; Kholilur Rahman
Jurnal Gagasan Hukum Vol. 5 No. 01 (2023): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v5i01.13158

Abstract

The concept of Abuse of Authority as contained in Law 31/1999 as amended and added to Law 20/2001 concerning the Eradication of Corruption Crimes creates a dualism of understanding. The definition of abuse of authority in criminal law and the definition of abuse of authority in administrative law clearly experience differences in terms of concept and law enforcement. This research describes the concept of abuse of authority from the perspective of administrative law, this research is a normative legal research using statutory and conceptual approaches so that the understanding of abuse of authority and its legal consequences in administrative law, and its relation to the enforcement of corruption crimes can be understood.
Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla) Albertus Hazel Bernaditya; Lukmanul Hakim; Gindha Ansori Wayka
Jurnal Gagasan Hukum Vol. 5 No. 01 (2023): JURNAL GAGASAN HUKUM
Publisher : Magister Ilmu Hukum Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/jgh.v5i01.13211

Abstract

Criminology is the science that studies crime. Crime is an act that harms society so that a negative reaction is given to it. One of the crimes that often occurs in society is the crime of motor vehicle theft. It is said to be detrimental because of the crime of theft of a motorized vehicle whose target object is a motorized vehicle that has high mobility and has high economic value. While victimology is the study of victims. It is said as a victim because there are several factors that make people commit these crimes. The problems in this study are the factors that cause the crime of motor vehicle theft and legal protection for the perpetrators of theft who participate in helping the main perpetrators based on a victimological perspective. The results of this research and discussion show that the factors that cause the crime of motor vehicle theft are environmental and economic factors. This was due to an invitation from a friend of the defendant who invited him to commit the theft as well as economic factors due to the high level of poverty which made the defendant not hesitate to take part in the theft of motorized vehicles. As well as legal protection for the perpetrators of theft who participate in helping the main actors based on the perspective of victimology is to get justice as fair as possible because the defendant behaves well and surrenders himself to the authorities.