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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 5 Documents
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Search results for , issue "Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020" : 5 Documents clear
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
Publisher : Universitas Quality

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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.
KEBIJAKAN HUKUM PIDANA BAGI PENGEDAR NARKOTIKA PADA TINGKAT PENYIDIK DI WILAYAH HUKUM SUMATERA UTARA (STUDI KASUS KEPOLISIAN DAERAH SUMATERA UTARA) Rio Nababan; Madiasa Ablisar; Mahmul Siregar; Mahmud Mulyadi
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

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Abstract

Sumatera Utara as one of the entrances to the Asian economic trade, which is going to the Continent of Australia. Therefore Indonesia, especially North Sumatra, is a very strategic city for Narcotics trade routes in Asia. Data from the Sumatera Utara Regional Narcotics Directorate has increased Narcotics cases both as users or as narcotics dealers every year, from 2015 there were 4,319 cases and in 2016 there were 5,460 Narcotics Cases and in 2017 there were 5,897 cases. In this study using a juridical empirical approach and the nature of descriptive analytical research. The problem in this study is how the criminal law policy for narcotics dealers at the investigator level in the jurisdiction of North Sumatra Regional Police and what are the Constraints in criminal law policy for eradicating Narcotics dealers at the investigator level in the North Sumatra Regional Police as well as how future policy towards legal policy criminal for Narcotics dealers at the investigator level in the jurisdiction of the North Sumatra Regional Police. The results of this study provide a conclusion that in terms of legislation it is necessary to establish a law or umbrella in implementing Undercover Buy and Phone intercept so that investigators in carrying out their duties do not hesitate, in terms of law enforcement officials need to push the Agency Diklat Polri to conduct training for North Sumatra Regional Police Narcotics investigators as well as from the legal culture aspect the pelu increases public awareness very low to assist the police in matters of complaints or reporting on narcotics crimes in the North Sumatra Regional Police.
PERBUATAN PIDANA DAN PERTANGGUNGJAWABAN PIDANA DALAM PERKARA KORUPSI ANGELINA PATRICIA PINGKAN SONDAKH (Studi Putusan Mahkamah Agung Nomor 1616 K/Pid.SUS/2013) Ibrahim Ali; Syafruddin Kalo; Mahmud Mulyadi; Suhaidi Suhaidi
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

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Abstract

Differences among judges stem from the understanding adhered to in criminal enforcement and criminal responsibility. Fulfillment of criminal acts of corruption committed by convicts to lead project budgets at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group. The problem is the criminal responsibility in the Supreme Court Decision Number 1616 K / Pid.Sus / 2013, causing differences of opinion between court judges. Not the criminal act of corruption committed by convicted persons related to shifting the budget at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group to take care of the formulation of the elements in Article 12 letter a of the UUPTPK. Subjective elements include state administrators, reasonably presumed, while the objective includes receiving gifts or promises, and the objective of moving the project budget to Permai Group, contrary to its obligations. The results of the study show that criminal liability in this case fulfills the unintentional act of bribery, not active gratification, because there is an agreement between the bribe giver and the bribe recipient. Judges of the Central Jakarta District Court and PT DKI Jakarta must interpret the law and facts better and carefully with an understanding of dualism in criminal conviction, and should also say that the formulation of Article 12 letter a of the UUPTPK contains the offense of bribery, not active gratification.
LIBERALISME HUKUM ISLAM DI INDONESIA (DAMPAK TERHADAP PERKEMBANGAN HUKUM ISLAM DI INDONESIA) Qori Rizqiah H Kalingga
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

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Abstract

Islamic law reflects a set of divine rules or norms that govern the relationship between humans and other humans in social life, with objects and their natural environment. Divine norms that govern the relationship system are rules in a special sense or rules of pure worship that regulate the way or direct relationship between humans and their God, and muamlah regulates humans and others and other creatures in their environment. At the next level, divine norms are constructed in the form of binding rules for Muslims called Islamic Law. Islamic law has universal characteristics and applies to all Muslims in a place or country at one time. Respect human dignity as a unit of body and soul and honor human beings as a whole, and its implementation is driven by faith and morals. Thus the existence of Islamic law will create a conducive, peaceful and orderly situation (Rahmatan Lil'alamiin) which touches both the outer and inner aspects. Liberalism or liberal is an ideology, a philosophical viewpoint and a political tradition based on the understanding that freedom is the main political value. Freedom is a separate goal for liberalists, without human freedom cannot live and society cannot function, therefore the idea of freedom in every time and place always plays a role. The term liberal Islam was not well known and paid attention to by people in Indonesia, especially since the number of supporters was only a minority, but recently it has become very popular.
JENIS JENIS PERBUATAN CURANG YANG MERUGIKAN HAK KONSUMEN DALAM UNDANG UNDANG PERLINDUNGAN KONSUMEN Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

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Abstract

In the business world, there are often fraudulent acts that can harm consumers due to the behavior of business actors who do not heed business rules and ethics that justify any unhealthy means. Because of this fraudulent act, Law Number 8 of 1999 concerning Consumer Protection or also known as UUPK was born to minimize fraudulent acts as much as possible which is regulated in detail in Chapter IV concerning Prohibited Acts for business actors starting from the provisions of Article 8 to Article 18. UUPK. However, even though there are regulations that prohibit prohibiting actions, it is not the intention of business actors that appear in the community that are reported either through print or electronic media. The issue of consumer protection is not an individual problem, but is actually a common problem and a national problem because in one respondent everyone is a consumer, therefore protecting consumers is protecting everyone. Consumer protection is not only about finding who is responsible and what the law is, but also about education for consumers and awareness of all parties about the safety and security of all parties in consuming their needs. With the issuance of the Consumer Protection Law (Law No.8 of 1999) there is nothing to kill the business of business actors, but instead encourages a healthy business climate and encourages the birth of companies that are tough in facing existing competition by providing quality goods / services. In the general explanation of the UUPK why its implementation will still take into account the rights and actors of small and medium enterprises. The responsibility of business actors for fraudulent acts that harm the rights of consumers is the absolute responsibility of business actors to provide compensation for damage, pollution, and consumer losses due to consuming goods or services produced or taken over. There are times when business actors are not willing to take responsibility, so consumers can sue through the Consumer Dispute Resolution Agency (BPSK) or to the District Court so that the business actor is given administrative or criminal or civil penalties.

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