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INDONESIA
JURNAL JUSTIQA
Published by Universitas Quality
ISSN : 29647061     EISSN : 26856832     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Justiqa merupakan jurnal yang bertemakan Ilmu Hukum, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum. Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum dengan topik-topik sebagai berikut: Hukum Administrasi, Hukum Pidana, Hukum Internasional, Hukum Perdata, Hukum dan Masyarakat, Hukum Hak Asasi Manusia, dan analisis hukum lainnya
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 39 Documents
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PELAKSANAAN PERSIDANGAN DENGAN TERDAKWANYA ANAK DI INDONESIA Berlian S.H., M.Hum
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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Abstract

Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.
PIDANA MATI : HUKUM POSITIF DAN HUKUM ISLAM Qori Rizqiah H Kalingga
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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One of the most severe forms of sanctions in criminal law is the death penalty. The death penalty issue has been debated for hundreds of years by experts in criminal law and criminology until now. Debate the pros and cons of the death penalty, it's a debate that will never end until whenever. Many of the cons, but not a few who expressed kesetujuannya. The group agreed reasoned, if consciously convicted criminal action and show a grave violation of the right to life each other then the state is not obligated to protect and respect the right to life of the convicted person. The perpetrators of serious crimes should face the death penalty so that it becomes a deterrent effect. While rejecting the death penalty argue that this one sentence is a dark shadow in the application of human rights, namely the right to life form. Moreover, many people who consider the death penalty in Islam is very cruel and only an impingement "revenge" only. For a more clear and compelling of these problems the author tried to describe some of the issues related to capital punishment, namely what is the difference between the death penalty in the positive law of Indonesia and the Islamic criminal law and how the death penalty in the view of Islamic law.
DAMPAK DUALISME KEPENGURUSAN ORGANISASI PERHIMPUNAN ADVOKAT INDONESIA (PERADI) TERHADAP PENEGAKAN HUKUM MASLON HUTABALIAN
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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Abstract

In an effort to realize the principles of the rule of law in social and state life, the role and function of an advocate as a free, independent and responsible profession is important, in addition to the judiciary and law enforcement agencies such as the police and prosecutors. Through legal services provided, Advocates carry out their professional duties to uphold justice based on the law for the benefit of justice seekers, including efforts to empower people to realize their fundamental rights before the law. Advocates as one element of the justice system is one of the pillars in upholding the rule of law and human rights. The purpose of this study was conducted to explain the legal management of the Indonesian Advocates Association (PERADI) according to the Law, to find out how the dualism of the management of the Indonesian Advocates Association (PERADI) on law enforcement and society and how the role and efforts of the government to restore dualism management of the Association Indonesian Advocates (PERADI) became a single, strong organization.This study uses normative and empirical research methods which consist of research on legal observation and research on legal effectiveness. This study uses an interrelated concept of data collection through a qualitative approach and adjusted to applicable regulations.
PRINSIP PRINSIP DALAM HUKUM KEPAILITAN DALAM PENYELESAIAN UTANG DEBITUR KEPADA KREDITUR Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
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Abstract

In the world of trading, debt and credit is a common and natural thing if a business actor wants to develop his business more advanced, namely by seeking loans from other company partners to get business capital with an agreement to be paid later, and if able to pay according to the specified time then the company is in a "Solbavel" state and vice versa if the company is unable to pay its debt in such a situation it is called "Insolbavel" meaning that it is unable to pay its debts and the condition continues to decline and to the nadir it stops paying until it is finally declared bankrupt by the Court. Bankruptcy is one of the commercial solutions to get out of the debt problem that crushes a debtor, where the debtor is no longer able to pay his debt owed to the creditor so that if the debtor is aware of the inability to pay the maturing obligation, the debtor is aware of the steps. To apply for a voluntary petition for self-bankruptcy is a possible step, or the Court's determination of bankruptcy against the debtor if it is later found that the debtor is no longer able to pay his debts that are due and can be collected as the description above (involuntary petition bankrupty). Bankruptcy is a condition in which the debtor is unable to make payments on the debt owed by the creditor. The inability to pay is usually caused by financial difficulties and the debtor's business is experiencing a decline. Meanwhile, bankruptcy is a court decision which results in general confiscation of all assets of bankrupt debtors, both existing and future ones. The management of bankruptcy settlement is carried out by the curator under the supervision of the supervisory judge with the main objective of using the proceeds from the sale of the assets to pay all debts of the bankrupt debtor proportionally and in accordance with the creditor structure. The bankruptcy process begins with an application for bankruptcy against a debtor who meets the requirements, in accordance with Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (Bankruptcy Law) which states that "A debtor who has two or more creditors and does not pay in full at least one overdue debt which can be declared bankrupt by a court decision, either on its own request or at the request of one or more of its creditors ”. In settling debtors' debts against creditors, there are several principles that can be used by judges in deciding a case, including the Creditorium Parity Principle, the Pari Passu Prorata Parte Principle, the Strured Creditors Principle, the Debt Collection Principle, the Debt Polling Principle and the Universal Territorial Principle.
PERANAN KEARIFAN LOKAL DALAM PENYELESAIAN SENGKETA PERTANAHAN Herry Anto Simanjuntak, SH, MH
JURNAL JUSTIQA Vol 3, No 1 (2021): VOL 3 NO 1 TAHUN 2021
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Abstract

Land is where we stand so that the role of land is very urgent in daily life and people view land not only from an economic perspective but also from another perspective, namely in the perspective of cultural religiosity and ecology. The role of local wisdom values in land dispute resolution can be a model for civil mediation in various national agrarian cases. The role of local wisdom is to uphold human rights based on customs, the spirit of mutual cooperation and moral ethics that grow in the community. In this case the approach in terms of legal anthropology becomes an interesting thing to use. In the future, land dispute resolution with a civil mediation model refers to the values of local wisdom. With the principle of deliberation, it aims to involve or invite all parties to participate in social life, so that the community's loyalty and obedience to what is mutually agreed upon will also be maintained together, because the agreement was the fruit of shared thoughts and opinions in a family atmosphere and mutual respect These fellows and local wisdom values are expected to maintain a complete and complete unity between Man, Nature and God, in spiritual nuances, peace and brotherhood.
ANALISIS HUKUM TERHADAP PROSEDUR DAN JANGKA WAKTU PENANGANAN PERKARA ATAS LAPORAN POLISI NOMOR STTLP/2298/K/X/2018/SPKT POLRESTA MEDAN BERDASARKAN PERATURAN KAPOLRI NO. 12 TAHUN 2009 MASLON HUTABALIAN
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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Abstract

The Indonesian National Police Institution is a State institution established based on LawNumber 2 of 2002 which functions as one of the functions of the state government in thefield of maintaining security and public order, law enforcement,protection, shelter, andservice to the community, as stated in Article 2 Law no. 2 of2002. This means thatthe police are fully responsible for providing security and order guarantees to allmembers of the community. In its development and practice, in general, this function hasnot been felt by all people, especially justice seekers who experience legal problems,either directly or indirectly, so that satisfaction with the police services cannot becategorized as adequate.Although in terms of implementation and implementation in thefield, it has been regulated in such a way as the basis or what is called StandardOperating Procedure (SOP) in this case, one of which is related to the Regulation of theNational Police Chief No. 12 of 2009 concerning the supervision and control of thehandling of criminal cases within the Indonesian National Police. This study aims todetermine how the procedure in handling a police report at the investigation level is andhow long the period of time in handling a police report is. This study will explore andlegally analyze the duration of handling a police report associated with the reportNumber STTLP/ 2298/ K/ X/2018/ SPKT Medan Polresta based on the National PoliceChief Regulation No. 12 of 2009 concerning the supervisionand control of the handling ofcriminal cases within the police.This study uses normative and empirical researchmethods consisting of research on legal observations and research on legal effectiveness.This study uses an interrelated concept, namely data collection through a qualitativeapproach and adapted to the applicable regulations. Then the data is selected bycollecting various information about the process of handling a case and the duration ofits handling at the investigation level. This research is expected to have a mandatoryoutput that is planned in the Justiqa Journal of Quality University
PROBLEMATIKA BODY SHAMMING PADA MEDIA SOSIAL DIKAITKAN DENGAN UNDANG UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK SEBAGAIMANA DIUBAH DENGAN UNDANG UNDANG NOMOR 19 TAHUN 2016 Micael Jeriko Damanik; Prof.Dr.Syafrudin Kalo,SH,M.Hum; Dr.M.Ekaputra, S.H,M.Hum; Dr.Jelly Leviza,SH,M.Hum
JURNAL JUSTIQA Vol 3, No 2 (2021): VOL 3 NO 2 TAHUN 2021
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Abstract

Technological developments nowdays will make all information more easily andaccessible. This condition makes humans more easily influenced by advertisements todiscuss the assessment of the ideal body in society. The ideal body assessment causesmany individuals to experience a body shame. The emergence of cybercrime is caused bymistakes or errors in the use of information and communication technology.The existenceof cybercrime in Indonesia is regulated in the Indonesian Criminal Code (KUHP).Regulations can be used as a basis for a reference to body shamming are found in Article310, Article 311 and Article 315 of the Indonesian Criminal Code. However, the mostlegal basis for body shamming is Article 315 of the Indonesian Criminal Code. Body shamming behavior or physical mockery of others will make an impact to anyone.Ironically, the treatment of body shamming is more often done by the closest peoplewhether it's family, relatives, work colleagues or friends.The impact caused by bodyshamming allows psychological disturbance to the victims. Even encourage suicidalbehavior. Victims whose posture is less than ideal and are bullied will therefore becomeinsecure, afraid to leave the house and then do not want to socialize. This could indicatea suicide attempt. The body shamming crime is a complaint offense. However, in itshandling the police also used a mediation approach.
MANFAAT PARIWISATA DITINJAU DARI SOSIOLOGI HUKUM Kurnia P Hutapea
JURNAL JUSTIQA Vol 1, No 1 (2019): VOL 1 NO 1 TAHUN 2019
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Abstract

Humans as social beings (Zoon politicon) always need and love the other men in her life relationships that are mutually influencing, the instinct to always live together and the desire to blend with the surrounding natural atmosphere.Tourism is a form of travel to natural areas that is done with the aim of conserving the environment and preserve the life and well-being of local residents. Development and promotion of tourism when it is directed and planned properly, can help and preserve the environment, by introducing things - the original and the unit, clean, tidy and pleasant. The impact of tourism development can be positive as well as negative is the emergence of things - things we do not want and we can not refuse because it is - it is natural and normal.
TINJAUAN HUKUM KONTRAK ELEKTRONIK DALAM PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (TRANSAKSI PEER TO PEER LENDING) Nurhimmi Falahiyati
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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Abstract

The development of information technology has touched the Indonesian financial industry to make a big innovation in the financial world, where it is now possible for the process of lending and borrowing money that is different from conventional rules. Borrowers and lenders no longer need to come face to face in the transaction and lending process. Things like this are then commonly referred to as online loans. But of course, all developments will bring both positive and negative impacts. Are the transactions that occur in cyberspace valid and binding both parties involved in it, and whether the loan agreement has a contract in general which in conventional agreements is usually stated in written form. Therefore, the title was raised about how the legal review of electronic contracts in lending and borrowing money based on information technology.
PERLINDUNGAN HUKUM TERHADAP DOSEN SWASTA DALAM MELAKSANAKAN PROFESINYA SEBAGAI TENAGA PENDIDIK DI INDONESIA Permai Yud Yudi
JURNAL JUSTIQA Vol 2, No 1 (2020): VOL 2 NO 1 TAHUN 2020
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Abstract

Regarding the protection for teachers and lecturers not yet regulated in Law Number 14 of 2005 concerning teachers and lecturers in the seventh section concerning protection in article 39 it is explained that the government, regional government, community, professional organizations, and / or education units must provide protection against teacher and lecturer in the implementation of the task. Protection as referred to in paragraph (1) includes legal protection, professional protection, and protection of occupational safety and health.In addition to the Government Regulation on Teachers, the government issued new legal products relating to teaching staff namely Government Regulation No. 37 of 2009 concerning lecturers. The government regulation is more about the teaching profession regarding certification, rights, compulsory work and official ties, appointment, placement and transfer, sanctions, and others.This type of research conducted in this study is normative juridical research, namely by conducting an analysis of the problem through the study of legal norms contained in legislation in Indonesia and see the reality that occurs.The position of the lecturer is equal or equal to the foundation in accordance with the work agreement entered into by both parties. This position is clearly stated in the 1945 Constitution of the Republic of Indonesia, the Civil Code, and other regulations. This position can be seen from a legal and sociological point of view. The legal perspective can be seen in 2 (two) ways, namely: First, Preventive through agreements made before the lecturer works at the university; and Second, repressive through the Industrial Relations Court (PHI) institution in the event of disputes related to rights and obligations and this often comes from the lecturers because they are not protected by the profession they run.

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