Jurnal Ilmiah Hukum dan Hak Asasi Manusia最新文献

{"title":"Urgensi Amandemen Kelima Undang-Undang Dasar 1945 di Masa Pandemi","authors":"Galuh Candra Purnamasari","doi":"10.35912/jihham.v2i2.941","DOIUrl":"https://doi.org/10.35912/jihham.v2i2.941","url":null,"abstract":"Abstract: Purpose: The issue of the limited amendment to the 1945 Constitution (UUD 1945) was rolling again during the unfinished pandemic in Indonesia. The idea to carry out the limited amendment to the 1945 Constitution on a limited basis was in line with the issue of extending the Presidential term to three terms and the issue of adding the authority of the MPR to form the Basic Principles of State Policy (PPHN). Conceptually, it is possible to amend the 1945 Constitution as the constitution of the State of Indonesia. However, the problem that arises is whether the amendment to the 1945 Constitution is something that is very important and urgent to be carried out at this time, especially when Indonesia is still in a pandemic condition? To answer these problems, this study intends to explain the concept of amendments to the 1945 Constitution and analyze the urgency of implementing the amendments to the 1945 Constitution during this pandemic. Method: This paper uses library method with secondary data in the form of library materials as the main data. Result: The results of the study, there is no important and urgent matters for the implementation of the fifth amendment to the 1945 Constitution during a pandemic, so that the fifth amendment to the 1945 Constitution, especially during the pandemic, is not appropriate to be implemented. Limitations: The limitation of this paper is that it only focuses on the urgency of limited amendments during the pandemic with two main issues. Contribution: The expected contribution of this paper is to provide a legal review of the issue of the limited amendment of the 1945 Constitution during the pandemic. Keywords: 1. amendment 2. The 1945 Constitution 3. the Basic Principles of State Policy (PPHN) 4. Presidential Term","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114890912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Sertifikat Laik Fungsi Bangunan Gedung di Kecamatan Pangkalan Kerinci, Kabupaten Pelalawan","authors":"Yalid Yalid, Birman Simamora","doi":"10.35912/jihham.v2i1.1336","DOIUrl":"https://doi.org/10.35912/jihham.v2i1.1336","url":null,"abstract":"Abstract: Purpose: This study to explain the implementation of the liability of the application of the liability of the certificate of fitness for the functions of buildings based on Law No. 28 of 2002 on buildings in Pangkalan Kerincsi District, Pelalawan regency. Method: This study is a sociological legal research with empirical approach. Result: The application of the certificate of eligibility for building functions based on Law No.28 of 2002 on building in Pangkalan Kerinci District Pelalawan regency did not run effectively due to: first, the implementation resources in other words lack of experts. Secondly, the facilities that support its enforcement do not yet exist. Third, the lack of public awareness. Constraints on the implementation of the certificate of eligibility for building functions based on Law No. 28 year 2002 about buildings in the District of Pangkalan Kerinci Pelalawan author caused because: first, because of the lack of seriousness of the government. Second, the implementation resources have not been adequate in other words the shortage of experts. Third, the enforcement facility does not yet exist. Fourth, public awareness is still not maximized. Fifth, the public does not understand and understand the importance of building function certificate. Limitations: This study only occurred in the Pelalawan regency of Riau province. Contribution: This research is expected to be useful for the Pelalawan Government, especially related agencies and all people who need knowledge or information about the application of building function certificates. Keywords: 1. Feasibility 2. Function 3. Building 4. Pangkalan Kerinci","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116650455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Yuridis Tanggung Jawab Pelaku Usaha Terhadap Konsumen Akibat Keterlambatan Penerbangan","authors":"Dedy Fahrizal, Darwis Anatami, Siti Nurkhotijah","doi":"10.35912/jihham.v2i1.1546","DOIUrl":"https://doi.org/10.35912/jihham.v2i1.1546","url":null,"abstract":"Abstract: Law Number 1 of 2009 concerning Aviation and Regulation of the Minister of Transportation Number 89 of 2015 concerning Handling of Flight Delays (Delay Management) in Scheduled Commercial Air Transport Business Entities in Indonesia which specifically regulates flight delays. However, sometimes flight officers sometimes do not provide compensation or compensation for the delay (delay) to passengers in accordance with applicable rules as a form of legal protection. Purpose: The purpose of writing this journal is to find out the legal arrangements for the responsibility of business actors to consumers due to flight delays, implementation, obstacle factors and efforts to implement business actors' responsibilities to consumers due to flight delays. Methodology: The research that is used in writing this thesis is normative juridical research. Results: The results of the study show that the legal arrangements for the responsibility of business actors to consumers due to flight delays are regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 1 of 2009 concerning Aviation along with the Regulation of the Minister of Transportation Number 89 of 2015 concerning Handling of Flight Delays. (Delay Management) in Scheduled Commercial Air Transport Business Entities in Indonesia. The implementation of the responsibility of business actors to consumers due to flight delays does not run optimally, where there are still some weaknesses in the elements of the legal structure, legal substance and legal culture, the constraint factors faced are the legal structure factors related to the non-optimal performance of institutions authorized to fulfill aviation consumer rights, legal substance factors that do not stipulate strict sanctions for aviation business entities that do not pay compensation due to delays, and legal cultural factors the consumer's own level of legal awareness is low on the rights that can be obtained in the event of flight delays. . Efforts to overcome these obstacles are legal remedies by optimizing the performance of related institutions, legal remedies that can be taken by airplane passengers, and legal efforts for airplane passengers through the Non-Governmental Consumer Protection Agency (LPKSM). Keywords: 1. Juridical Analysis 2. Responsibility 3. Consumer Rights","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115618899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kepastian Hukum Terhadap Putusan Peradilan Adat Aceh dalam Penyelesaian Tindak Pidana Pencurian","authors":"Khairul Riza, Irpan Husein Lubis, Nicha Suwalla","doi":"10.35912/jihham.v2i1.1580","DOIUrl":"https://doi.org/10.35912/jihham.v2i1.1580","url":null,"abstract":"Abstract: Purpose: The purpose of writing this journal is to find out the authority of the customary court in resolving criminal acts of theft, to find out the factors that cause the keuchik's decision to have no legal certainty, and to find out the obstacles and efforts to resolve crimes that were resolved by the keuchik through customary justice. Methodology: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Results: The results of the study show that, the authority of customary justice in resolving criminal acts of theft is in accordance with what is stipulated in Qanun Number 9 of 2008 against light-scale theft crimes involving the residents of the gampong concerned, but sometimes also against heavier scale theft crimes. Limitations: Obstacles to the settlement of criminal acts resolved by the keuchik through customary justice, namely the difficulty of uniting good opinions between conflicting parties, obstacles to the bureaucratization of customary courts that depend on the government, lack of socialization of customary justice by the government to the community, and lack of coordination with other law enforcement agencies in conventional justice system. Contribution: The efforts made to overcome these obstacles are increasing the socialization of customary justice, strengthening the capacity of traditional justice personnel and institutions, building cooperation between institutions and the commitment and seriousness of the Regional Government in supporting the implementation of customary justice. Keywords: 1. Legal Certainty 2. Customary Justice 3. Crime","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133293747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Anak Korban Narkotika dalam Proses Peradilan","authors":"Nicha Suwalla, Khairul Riza, Irpan Husein Lubis","doi":"10.35912/jihham.v2i1.1577","DOIUrl":"https://doi.org/10.35912/jihham.v2i1.1577","url":null,"abstract":"Abstract: Purpose: The purpose of writing this journal is to find out the diversion arrangements at the level of investigation of children who commit narcotic crimes, and find out the rights violated in investigations and efforts to protect the law against children who commit narcotic crimes. Methodology: The method used is a normative approach, namely through the study of legislation and literature, and the empirical approach is through field research by conducting a series of interviews with respondents and informants to obtain field data. Results: The results of the study show that the regulation of diversion at the level of investigation of children who commit narcotics crimes means that there is absolute authority from investigators to carry out diversion efforts against children who commit narcotic crimes, but of all the cases handled so far none of the diversion attempts have been successful. applied. The rights that are violated in the investigation of children who commit narcotics crimes are that the investigator does not prioritize the principle of the best interests of the child, the investigator does not provide legal assistance and other assistance, the investigator does not ask for expert opinion in carrying out the investigation, and does not notify the right to obtain legal assistance. Efforts to protect the law against children who commit criminal acts of narcotics abuse in investigations, namely asking parents and Community Advisors to accompany children during the investigation process, provide guidance to children while undergoing a period of detention at the investigative level, and complete the investigation process within a time limit of 7 (seven) days with an extension of 8 (eight) days. Keywords: 1. Legal Protection 2. Child Victims 3. Narcotics","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133027824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Yuridis Proses Penyelesaian Tindak Pidana Terhadap Pelaku Penipuan Melalui Pembayaran Elektronik Untuk Mewujudkan Perlindungan Hukum","authors":"Muhammad Noval, Ramon Nofrial, Siti Nurkhotijah","doi":"10.35912/jihham.v2i1.1579","DOIUrl":"https://doi.org/10.35912/jihham.v2i1.1579","url":null,"abstract":"Abstract: Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 states that any person who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions shall be punished with imprisonment and/or or fines. The fraud that occurred at One Mall Batam carried out through fake or fictitious electronic transactions cost the victim a total of 30 million rupiah. Purpose: The purpose of this study is to determine the regulation of criminal law against perpetrators of fraud through electronic payments in order to realize legal protection. And to find out the implementation, constraint factors and solutions in preventing and overcoming the rise of fraud in electronic payments. This research method is empirical juridical. Methodology: This research consists of literature study and is also supported by field studies through interviews with respondents. Results: The results of the study indicate that the regulation of criminal law against criminals through electronic payments in realizing legal protection, namely Article 378 of the Criminal Code which regulates special crimes, is also specifically regulated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates criminal acts of fraud committed through electronic transactions and is subject to a maximum criminal penalty of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 ,00 (one billion rupiah). Implementation in preventing and overcoming the rise of fraud in electronic payments is carried out by optimally criminalizing the perpetrators of crimes committed through electronic transactions. Limitations: The constraint factor faced is that there are many types of electronic transactions that cannot be reported directly, making it easier to ensure the results of daily reports. Contribution: The solution is that the victim must be more careful in accepting every payment through an electronic transaction, the victim must have the equipment to verify the proof of the electronic payment. It is recommended for law enforcement officers to optimize the performance of law enforcement for electronic transactions and dismantle tricks or methods applied by perpetrators to prevent other victims, victims to be more careful and thorough in accepting electronic transactions and must ensure first in advance of any payments made. Keywords: 1. Juridical Analysis 2. Fraud Crime 3. Electronic Transaction","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130215296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Community Participation in Handling Waste in Bandar Lampung City Towards Smart City","authors":"Faradiba Putri Rahmadani, A. Triono","doi":"10.35912/jihham.v1i2.1121","DOIUrl":"https://doi.org/10.35912/jihham.v1i2.1121","url":null,"abstract":"Abstract: Purpose: The purpose of writing this article is to find out how government policies in Bandar Lampung City are in handling waste and also community participation in waste handling to realize Smart Environment through Smart City. Research methodology: This article is a normative legal research with a statutory approach that explores relevant national legal instruments which are analyzed using descriptive methods. Results: The results showed that the Bandar Lampung City government's policy was carried out by making Bandar Lampung City Regional Regulation No. 5 of 2015 concerning Waste Management in Bandar Lampung City. The handling of waste is carried out through the relevant agencies, namely the Bandar Lampung City Environmental Service. To be able to implement the policies made by the government, community participation is needed, especially in handling waste. Community participation is considered as a real and effective effort in implementing the policy. Limitations: This study examines how the waste handling policy in the city of Bandar Lampung and how the participation of the people of the city of Bandar Lampung in the process of handling waste towards a smart city. Contribution: With this research, it is hoped that it can provide benefits as input and improvement for the relevant government in terms of handling waste and community participation in the city of Bandar Lampung, and can be a reference for other writers who want to raise similar issues.","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115370899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementasi Prinsip “Kepentingan Terbaik bagi Anak” dalam proses persidangan Anak secara elektronik pada masa pandemi di Kota Jakarta Barat","authors":"Yudha Pradana","doi":"10.35912/jihham.v1i2.1022","DOIUrl":"https://doi.org/10.35912/jihham.v1i2.1022","url":null,"abstract":"Abstract Purpose: This study aims to analyze the implementation of one of the principles of child protection namely \"Best interests of the child\" in the virtual trial process. Research Methodology: The research method used in this research is the juridical-empirical method. The data used in this study include primary data and secondary data which are studied and analyzed systematically. The primary data in this study are observations and interviews with children in conflict with the law and other related parties, such as Judges and Probation Officers, while secondary data included laws and regulations and related literature. Result: The results shows that the implementation of the principle of the “best interests of the child: in the virtual trial process for children during the pandemic is yet not optimal due to insufficient fulfillment of children's rights during the virtual trial process. Limitation: The limitation of this research is that it only takes place in West Jakarta Jurisdiction. Contribution: This research is expected to provide benefits for law enforcement agencies to help them reach the best decision for children in conflict with the law and contributes to the development of legal studies, specifically in the criminal justice process of children.","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126243117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Urgensi Pemenuhan Hak-Hak Konstitusional Warga Negara Era Pandemi Covid-19 di Indonesia","authors":"Supriyono Supriyono, V. Sholichah, Anang Dony Irawan","doi":"10.35912/jihham.v1i2.909","DOIUrl":"https://doi.org/10.35912/jihham.v1i2.909","url":null,"abstract":"Abstract Purpose: This study aims to determine the constitutional rights of citizens that need to be protected and fulfilled by the state. And to know the rules related to the protection and fulfillment of the constitutional rights of citizens during the Covid-19 pandemic. Method: The research methodology used in this research is normative juridical by statute approach and conceptual approach. Results: This research resulted in an explanation of the fulfillment of the constitutional rights of citizens during the Covid-19 pandemic. The most crucial constitutional rights of citizens to be fulfilled are health rights, economic rights, and education rights. The non-fulfillment of the safety and constitutional rights of citizens is a form of denial of the mandate of the 1945 Constitution of the Republic of Indonesia. Limitation: The scope of the research is limited to fulfilling the constitutional rights of citizens during the Covid-19 pandemic. Contribution: The authors hope in the future, it is hoped that a more in-depth study can be carried out on research on the constitutional rights of citizens, especially in emergency conditions such as the Covid-19 pandemic.","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116760265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Azas Itikad Baik dalam Transaksi Jual Beli Online demi Mewujudkan Kepastian Hukum","authors":"Dollar Dollar, Khairul Riza","doi":"10.35912/jihham.v1i2.1339","DOIUrl":"https://doi.org/10.35912/jihham.v1i2.1339","url":null,"abstract":"Abstract: Purpose: To determine the legal regulation of the principle of good faith in the implementation of online buying and selling transaction agreements, and to find out the application of the principle of good faith in online buying and selling transactions in order to realize legal certainty. Method: used is normative juridical research through literature study with an approach to legislation and books. Result: The research is that the legal regulation of the principle of good faith in the implementation of online buying and selling transactions is regulated in Article 530 of the Civil Code which states that good faith in a subjective sense is an inner attitude or a state of mind, good faith in a subjective sense is called honesty. In addition, it is regulated in Article 1338 of the Civil Code paragraph (3) which states that an agreement must be carried out in good faith, good faith in an objective sense is called propriety. The application of the principle of good faith in online buying and selling transactions through the marketplace to provide legal certainty to the public, especially consumers, is the same as the application of the principle of good faith in buying and selling agreements in ordinary interactions. It's just that the application of sanctions or the implementation of a lawsuit against the party who is in default in the agreement is difficult to implement because the parties do not know each other's identity or whereabouts. Therefore, the success of implementing an online sale and purchase agreement can only be achieved in good faith from the parties. Keywords: 1. Principles of Good Faith 2. Buying and Selling Online 3. Legal Certainty","PeriodicalId":206002,"journal":{"name":"Jurnal Ilmiah Hukum dan Hak Asasi Manusia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131164873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}