HERMENEUTIKA : Jurnal Ilmu Hukum最新文献

{"title":"THE ROLE OF THE VILLAGE HEAD AS A MEDIATOR IN RESOLVING LAND DISPUTES (CASE STUDY OF SIDOKUMPUL VILLAGE, KENDAL DISTRICT)","authors":"Kristianto Kristianto, Fitika Andraini","doi":"10.33603/hermeneutika.v6i3.8345","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8345","url":null,"abstract":"Indonesia is a country that adheres to a unitary form of government, but it is different if we look at the regional government system where Indonesia has adopted the principle of federalism as regional autonomy. Kendal Regency, geographically, some of its areas are mountainous areas, especially in the village of Sidokumpul, there are still requirements for customs in resolving land disputes. From this, Sidokumpul Village also implemented the ADR (Alternative Dispute Resolution) system. Disputes that occurred in village communities, especially Sidokumpul Village, in their settlement, the community preferred to use conflict resolution in a non-litigation way through the village head. This study uses normative juridical research, or also known as normative legalbresearchbmethod. Thebnormative juridicalbresearch methodbis library law researchbwhich is carriedbout by researching and studying literature materials or mere secondary data. The land dispute problems that occurred in Sidokumpul village during Ari Rimbawanto's 4 (four) years as Village Head could be resolved properly without having to to court, this is due to the crucial role of the village head in the settlement.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125713319","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":"RESTORATIVE JUSTICE IN HANDLING CRIMINAL ACTS OF NARCOTICS WITH CHILD PERFORMERS IN CONFLICT WITH THE LAW","authors":"Mugia Yarry Juanda, Zulkarnein Koto, Marsudin Nainggolan","doi":"10.33603/hermeneutika.v6i2.7459","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7459","url":null,"abstract":"Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"210 S657","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120852160","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":"ARRANGEMENT OF ACCESS THROUGH AGRARIAN REFORM FOR INCREASING COMMUNITY INCOME","authors":"Westi Utami, M. Salim, R. D. D. Saleh","doi":"10.33603/hermeneutika.v6i2.7413","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7413","url":null,"abstract":"","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123877471","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":"CORPORATE SOCIAL RESPONSIBILITY (CSR) AS A FORM OF IMPLEMENTING CORPORATE RESPONSIBILITY TO THE ENVIRONMENT AND SOCIAL COMMUNITY","authors":"S. Sanusi, Murti Kartini","doi":"10.33603/hermeneutika.v6i2.7463","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7463","url":null,"abstract":"Corporate Social Responsibility (CSR) is an improvement in the quality of life which means the ability of humans as individual community members to be able to respond to existing social conditions, be able to enjoy and take advantage of the environment, in other words, it is a way for companies to regulate business processes to produce positive impacts on the environment. community which is an important process as a form of implementation of corporate responsibility to the environment and social community. The government's policy on CSR is contained in Law Number 40 of 2007 concerning Limited Liability Companies. What is safe is that this writing is carried out using a research method with a normative juridical approach, namely legal research that refers to the legal norms contained in the legislation. Corporate responsibility to the public interest can be realized through the implementation of sustainable CSR programs and directly touch aspects of people's lives. The realization of CSR programs is an indirect contribution of the company to the strengthening of overall social capital.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114641825","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":"PRE-TRIAL AGAINST TIPIRING ACCORDING TO POLICE PERKAP ON TRAFFIC TIPIRING HANDLING","authors":"Samuel Rado Prakoso, Khilmatin Maulida","doi":"10.33603/hermeneutika.v6i2.7465","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7465","url":null,"abstract":"Traffic violations are one type of crime that is included in the category of minor crimes (Tipiring). Minor crimes are crimes that are light or harmless. This research uses normative legal research. The data used is secondary data, secondary data in this study were collected through document studies (library research). The type of approach used is a statutory approach with analytical descriptive techniques. The results of the study show that the pretrial conducted by motorized vehicle drivers who received a ticket in the context of tipiring, was carried out in stages: submitting an application to the head of the court, the application letter was registered in a pretrial case, the head of the court directly appointed the clerk and judge, the case was examined by a single judge, rules to examine related cases, and judges make decisions no later than 7 days. Law enforcement after the pretrial for traffic violations using the law of rapid examination procedure, which is regulated in Article 211 of the Criminal Procedure Code which states \"what is examined according to the examination procedure in this paragraph is a case of certain violations of road traffic laws\". In addition, post-trial law enforcement against traffic violations is also regulated in Article 10 paragraph (2) of the Police Chief Regulation Number 6 of 2019 concerning Criminal Acts Investigation also states: \"In terms of investigating minor crimes and traffic violations, investigative activities consist of: above: inspection; notify the defendant in writing of the day, date, time and place of the trial; submit files to court; and bring the accused together with the evidence to court.”","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114997143","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":"RESPONSIBILITY OF BUSINESS ACTIVITIES IN ELECTRONIC TRANSACTIONS THROUGH THE INTERNET SITE VIEWING FROM THE LEGAL PERSPECTIVE OF CONSUMER PROTECTION","authors":"Dwi Atmoko","doi":"10.33603/hermeneutika.v6i2.7464","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7464","url":null,"abstract":"At first the internet network could only be used by the educational environment (colleges) and research institutions. Then in 1995, the new internet can be used for the public. With the application can make it easier for people to access information on the internet. After the opening of the internet for the public interest, more and more business applications have sprung up on the internet. Users of electronic systems, also known as consumers, can quickly find out about information developments in various parts of the world. By relying solely on search engines such as Google and Yahoo, electronic system users around the world have easy internet access to various kinds of information. Compared to books and libraries, the internet symbolizes the spread (decentralization), knowledge (knowledge) of information and data to the extreme. The internet can also be used by the government in providing public services. The internet is the easiest means to meet the needs of finding information that consumers want.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127605159","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":"Legal Liability in E-Commerce Agreements through the Cash on Delivery Payment System","authors":"Gusti Yosi Andri","doi":"10.33603/hermeneutika.v6i2.7489","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7489","url":null,"abstract":"The online sale and purchase agreement is in principle the same as the conventional sale and purchase agreement. The difference is only in the medium, where the seller and the buyer do not meet directly (face to face) and payment and delivery of goods is determined according to the agreement in the provisions of article 1458 of the Civil Code. The problem to be studied is the legal construction in online buying and selling with COD payments and the responsibilities of the parties involved in buying and selling online. The method used is a normative juridical research with qualitative descriptive analysis. The results of the study can be explained that the legal construction of online buying and selling made in an electronic contract through an electronic system is a manifestation of the agreement of the parties as formulated in Article 47 PP PSTE Number 82 of 2012. With the validity of the electronic contract, the provisions of Article 1338 of the Civil Code will apply where the agreement made is valid will bind the parties, so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely. so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely. so that rights and obligations arise where the seller is obliged to send the ordered goods and the buyer must pay the agreed price. Because it is done online, the delivery of goods requires the services of a third party, namely an expedition service. Thus there are three different responsibilities, namely the seller is responsible for the suitability of the goods that have been ordered, the buyer is responsible for payment for the goods, and the expedition is responsible for delivering the goods safely.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132418391","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":"CORPORATE CRIMINAL LIABILITY IN LAW ENFORCEMENT AGAINST PREMANISM","authors":"Albert Sanchez Sebayang, Zulkarnein Koto, Marsudin Nainggolan","doi":"10.33603/hermeneutika.v6i2.7462","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7462","url":null,"abstract":"The practice of thuggery carried out by corporations is often found in the loan repayment process. This had resulted in the mushrooming of debt collector businesses, which generally employed high-profile ex-convicts who were used as collateral to intimidate other parties. In this study, the type of research used is normative juridical research using a law approach and a case approach. From the results of the study, it can be concluded that the enforcement of corporate criminal law against thuggery activities in the four cases studied by the authors was carried out by applying a penal policy (repressive effort). Repressive efforts were made against the Defendants by making arrests and then examining them for questioning for their actions. However, because the actions of the Defendants have deeply disturbed the public, especially the container trailer truck drivers, especially the actions of the Defendants are also contrary to the applicable regulations, the Public Prosecutor submits the Defendants to trial for later examination and trial by the Panel of Judges in the fairest way possible. The application of corporate criminal responsibility to thuggery, in this case the Panel of Judges sentenced the Defendants who were involved in one unit to PT. Tanjung Raya Kemilau, meaning, in this case the Panel of Judges applies the first model of the theory of corporate responsibility proposed by Mardjono Reksodiputro, namely \"Corporate Management as the maker and the administrator is responsible\", while still aligning the theory and the applicable legal rules contained in Article 48, Article 49, Article 50, Article 56, Article 486, Article 487 and Article 595 of the latest Draft Criminal Code. Thus, as one of the law enforcement officers, the panel of judges has carried out their duties in accordance with applicable regulations.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114777082","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":"IMPLEMENTATION OF CORPORATE CRIMINAL RESPONSIBILITY IN LAW ENFORCEMENT OF THE TRANSNATIONAL DIMENSION OF TRAFFICTING IN PERSONS","authors":"Reza Mahendra, Zulkarnein Koto, Marsudin Nainggolan","doi":"10.33603/hermeneutika.v6i2.7461","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7461","url":null,"abstract":"Trafficking in persons is a modern form of human slavery (Modern Day Slavery) and is one of the worst forms of treatment for violations of human dignity. In this study, the type of research used is normative juridical research with a law approach and a concept approach. From the results of the study, it can be concluded that the use of criminal law regarding corporate criminal liability in the crime of trafficking in persons with a transnational dimension at Unit IV Sub-Directorate III of the Directorate of General Crimes of the Criminal Investigation Unit of the Police is to harmonize the legal arrangements for the criminal act of trafficking in persons charged by the public prosecutor that there are in Article 10 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the theory put forward by experts related to the elements of criminal liability and the model of corporate criminal liability. The implementation of corporate criminal responsibility in law enforcement of the criminal act of trafficking in persons with an effective transnational dimension is one whose solution prioritizes the concept of restorative justice. The concept of restorative justice is the concept of resolving a particular crime that involves all interested parties to jointly seek a solution and at the same time find a solution in dealing with events after the crime has arisen and how to overcome its implications in the future.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132995876","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":"LEGAL REVIEW OF THE ISSUANCE OF STATEMENT OF ABILITY TO MANAGE AND MONITOR THE ENVIRONMENT OF MSMEs BASED ON THE REGULATION","authors":"Ainun Nisha, Ratu Mawar Kartika, Endang Sutrisno, Diky Dikrurrahman","doi":"10.33603/hermeneutika.v6i2.7439","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i2.7439","url":null,"abstract":"The development of wood industry SMEs in the Mundu District, Cirebon Regency is certainly a concern in making environmental permits so that their businesses and/or activities do not cause environmental pollution. In this case, many MSME entrepreneurs in the wood industry do not have a Statement of Ability to Manage and Monitor the Environment (SPPL). The implementation of the SPPL permit process is not optimal because many SMEs in the Wood Industry have difficulty understanding SPPL. With the government's handling of the wood industry MSME business actors who do not have an SPPL permit, it is hoped that it can minimize the occurrence of environmental pollution by the Wood Industry MSME business actors. The research method used is the empirical juridical method. The implementation of the SPPL permit process carried out by the Wood Industry MSMEs has not been optimal because many business actors of the Wood Industry MSMEs do not understand about SPPL due to technological factors and the lack of socialization from the government. The government's handling of the Wood Industry MSME business actors who do not yet have an SPPL is by giving a written warning until the temporary suspension of their activities and/or business until the Wood Industry MSME business actor makes an SPPL.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"92 33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128884898","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}