JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC) : Jurnal Ilmu Hukum merupakan jurnal nasional yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Cirebon. Didirikan pada tahun 2017, JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC) : Jurnal Ilmu Hukum secara konsisten bertujuan untuk memberikan akses terbuka bagi kepentingan penelitian dalam bentuk motivasi belajar dan pertukaran pengetahuan secara lokal, nasional, dan global. diskusi-diskusi disajikan dalam berbagai topik di bidang hukum termasuk Hak Asasi Manusia, Kebijakan, Nilai-Nilai Islam, serta bagian-bagian lain yang berhubungan dengan hukum. Dalam praktinya, JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC) : Jurnal Ilmu Hukum secara khusus mengakuisisi Studi Hukum Pidana, Studi Hukum Perdata, Studi Hukum Tata Negara, Studi Hukum Adat, Studi Hukum Administrasi Negara, Politik Hukum, Studi Hukum Islam tetapi sangat terbuka untuk artikel-artikel secara global. Kajian perbandingan hukum sistem hukum antara Kawasan Eropa, Amerika, Australia, Afrika, Asia sangat menungkinkan dilakukan. JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC) : Jurnal Ilmu Hukum terbit dua kali dalam setahun pada bulan Juni dan Desember. Redaksi hanya menerima penelitian-penelitian di bidang ilmu hukum dalam bentuk artikel jurnal untuk dipertimbangkan kemudian dipublikasikan. JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC) : Jurnal Ilmu Hukum menawarkan akses terbuka instan ke kontennya agar penelitian mudah tersedia untuk umum sehingga akan mendukung pertukaran pengetahuan yang luas. Nomor ISSN : 2599-1949 (media cetak) Nomor e-ISSN : 2714-7525 Keterangan : Mulai Vol. 1 No. 1 Tahun 2017 Surel : djmc.fhumc@umc.ac.id
Fakultas Hukum Universitas Muhammadiyah Cirebon
The Role of Society in Eradicating Corruption: Building Participation and Anti-Corruption Movements
Corruption is an extraordinary crime that has a systemic impact on the state’s finances, governmental stability, and public trust, and it can significantly reduce the level of societal welfare. Efforts to prevent corruption cannot be entirely delegated to law enforcement agencies alone; they also require the active participation of society as an essential element within a democratic system. This study focuses on analyzing the role of the public in enhancing the effectiveness of corruption eradication efforts. The research employs a descriptive qualitative method with a literature study approach. The findings indicate that the role of society in combating corruption can be realized through social control functions, reporting suspected acts of corruption, participation in anti-corruption education, and the establishment of community-based and social movements such as the Indonesia Corruption Watch (ICW), Transparency International Indonesia, and KOMPAK API. The role of society in the prevention and eradication of corruption has been legitimized under Article 41 of Law Number 20 of 2001. This law also outlines the forms of protection granted to citizens who report suspected corruption cases. Therefore, collaboration among the government, law enforcement institutions, and the public is the key to successfully building a clean, transparent, and accountable system of governance. Keywords: Corruption, Public Role, Anti-Corruption Movement
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KEDUDUKAN TNI SEBAGAI KOMANDO KEWILAYAHAN DALAM OPTIMALISASI PEMBINAAN TERITORIAL MELALUI PERAN BABINSA
This study aims to: (1) examine the position of the Indonesian National Armed Forces (TNI) as a Regional Command in optimizing territorial development for national resilience through the role of Babinsa (Village Supervisory Non-Commissioned Officers); (2) analyze the constraining factors faced in carrying out this function; and (3) formulate strategies to optimize the role of the TNI as a Regional Command within the Total People's Defense System through Babinsa. Using a qualitative approach, data were collected through interviews with the Military District Commander (Dandim), Subdistrict Military Commander (Danramil), and 32 Babinsa personnel in the jurisdiction of Military District Command 0620/Cirebon Regency, Subdistrict Military Command 0620-11/Asjap. The findings indicate that: (a) the implementation of the TNI’s position as a Regional Command in supporting national resilience remains strong in terms of legal legitimacy and the role of Babinsa as territorial apparatus; (b) the main constraints include limited professionalism, inadequate resources, suboptimal inter-agency coordination, and public perceptions of Babinsa’s role; and (c) optimization strategies include enhancing Babinsa professionalism, strengthening territorial training and development, and fostering national defense awareness through proportional community engagement. This research provides policy recommendations for the TNI institution to reinforce its position within the regional command structure and to improve the effectiveness of Babinsa as the front line of national resilience.
THE POSITION OF AGREEMENTS AND GOOD FAITH IN DISPUTES OVER THE TRANSFER OF CAR RENTALS TO A THIRD PARTY
A repeat rental agreement in a car rental agreement is basically permissible if it has been clearly agreed upon beforehand. However, repeat car rentals carried out by renters without permission also often occur. The problem that arises from this lease repeat agreement is that there is often a dispute over the responsibilities of the parties if other damage/loss occurs. However, in reality, sometimes individuals rent out cars to other parties with the aim of making a profit from the car rental proceeds without the knowledge of the car owner and returning the car in a damaged condition. Keywords: Agrement; Four Wheel Vehicle; Leas.
PENEGAKAN PELANGGARAN MORAL DAN ETIK PENYELENGGARAAN PEMILU DI INDONESIA : ANALISIS KONSTRUKSI DAN IMPLEMENTASINYA
This study aims to analyze in depth the construction and implementation of moral and ethical violation enforcement in the implementation of General Elections (Pemilu) in Indonesia. This study uses a qualitative approach with a case study design. Data were collected through analysis of legal documents and regulations related to the enforcement of Election ethics (Laws, KPU Regulations, DKPP Code of Ethics), in-depth interviews with members of the Election Organizer Honorary Council (DKPP), KPU and Bawaslu commissioners, Election law scholars, and democracy practitioners and activists. In addition, participatory observation of DKPP decisions related to ethical violations was also conducted to understand the pattern and consistency of enforcement. The results of the study indicate that the construction of laws and regulations related to the enforcement of moral and ethical violations of election organizers in Indonesia is quite comprehensive, especially with the existence of DKPP as an institution enforcing the code of ethics. Keywords: Violations, Elections, and the Law
Implikasi Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja terhadap Perlindungan Pekerja Outsourcing di Indonesia
The implementation of outsourcing in Indonesia has become a highly popular and widespread practice. The regulations regarding outsourcing are governed by Law Number 13 of 2003 concerning Manpower, which was later amended by Law Number 11 of 2020 concerning Job Creation. These regulatory changes have had a significant impact on the provisions related to outsourcing workers, particularly in terms of fulfilling workers' rights and improving their welfare. This study uses a normative legal method with a legislative approach. The findings of this study indicate that, although the government has made efforts to provide legal protection for outsourcing workers through the Job Creation Law, its implementation is still not optimal. One of the causes is the weak supervision of the enforcement of workers' rights and the limited access workers have to obtain protection for their rights. Keywords: Outsourcing, Job Creation Law, Fulfillment of Workers' Rights
PERTANGGUNGJAWABAN HUKUM TERHADAP KEJAHATAN CYBER DALAM DOMPET DIGITAL DI ERA FINTECH PADA APLIKASI DANA
The rapid development of information technology has driven the transformation of financial systems into more digital forms through innovations in financial technology (fintech). One of the most popular fintech products in Indonesia is digital wallets, such as the DANA application. However, the convenience of digital transactions also creates vulnerabilities to cybercrime, which can harm users. This study aims to analyze the legal liability for cybercrime in the use of the DANA digital wallet, as well as to evaluate the effectiveness of existing regulations in protecting consumers. The research method used is normative juridical, with a statutory and case study approach. Data were obtained through literature review, documentation, and analysis of cybercrime cases involving the DANA application. The results of the study indicate that perpetrators of cybercrime involving digital wallets can be sanctioned under the Law on Electronic Information and Transactions (ITE Law), the Consumer Protection Law, and other relevant regulations. However, there are still weaknesses in law enforcement, particularly in tracking down perpetrators and providing compensation to victims. In addition, digital wallet providers are also responsible for enhancing their security systems and ensuring transparency in user data protection. In conclusion, legal accountability for cybercrime in digital wallets is not yet fully effective, and synergy between regulators, law enforcement agencies, and fintech industry players is needed to create a secure and trustworthy digital financial ecosystem. Keywords: Cybercrime, Digital Wallet, Legal Liability
INVESTIGATION PROCESS FOR CHILDREN IN CONFLICT WITH THE LAW
The crimes that occur today do not look at ho the perpetrators are. Many perpetrators are minors. The government itself has issued las governing the juvenile justice system, namely law number 11 of 2012. The series of investigative processes that children will receive are certainly not much different from the adult process, but the courts will be held in private. Islam itself has prohibited its people from committing crimes, so this also makes Islam a reference in providing punishment for child offenders ho are minors. Keywords: Child, Criminal Law, Islamic Law
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM KORBAN KEKERASAN SEKSUAL: IMPLEMENTASI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL
Sexual violence is a serious issue with widespread impacts on victims, affecting them physically, psychologically, and socially. The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes is a significant step in providing legal protection for victims of sexual violence in Indonesia. This research employs a normative juridical method by examining relevant legislation and academic literature to analyze the implementation of the Sexual Violence Crimes Law in fulfilling the rights of victims. The objective of this study is to identify the extent to which the implementation of the Sexual Violence Crimes Law is effective in protecting victims of sexual violence and addressing existing challenges. The findings indicate that although the Sexual Violence Crimes Law provides a strong legal foundation, its implementation still faces significant obstacles such as a lack of understanding among law enforcement officials, limited supporting infrastructure, and negative societal stigma towards victims. Therefore, a collaborative effort from all parties is necessary to comprehensively maximize the fulfillment of victims' rights. Keywords: Sexual Violence Crimes Law, Victims, Sexual Violence
PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN KASUS PENCURIAN: ANTARA HARAPAN DAN REALITA
Theft in Indonesia is one of the most frequently occurring criminal offenses, with varying degrees of loss, ranging from minor to significant. However, not all theft cases must be resolved through formal judicial proceedings. Certain criminal acts, including theft, can be settled through restorative justice mechanisms—a humanistic approach to achieving justice. Nevertheless, in practice, the application of restorative justice in theft cases still faces various obstacles that hinder its ideal implementation. This study employs a qualitative method with a literature review to analyze the application of restorative justice in resolving theft offenses. The research aims to examine the effectiveness of restorative justice in theft cases and formulate recommendations to strengthen its implementation. Findings indicate that although restorative justice has been recognized in several legal policies, its application remains suboptimal. Clearer and more comprehensive regulations, training for law enforcement officials, and increased public awareness of the benefits of this approach are necessary. Keywords: Restorative Justice, Theft, Humanistic Criminal Law
RENTAL AGREEMENT FOR RENTING A WAREHOUSE IN BHANDA GHARA REKSA MAIN BRANCH, JAKARTA RAYA
The process of warehouse rental agreement between the lessee and the PT. (Persero) Bhanda Ghara Reksa Warehouse, once there is an agreement regarding the provision of a warehouse, the rental period and the warehouse rental fee, then usually the goods belonging to the prospective lessee can be sent immediately even though the rental agreement has not been made. So even though the warehouse rental agreement has not been made, the prospective lessee can put their goods in the warehouse and the warehouse is willing to accePT them, this is done to facilitate the smooth running of business for both parties. Rights of the warehouse and the lessee: The right of the warehouse is to receive rent and money from loading and unloading costs and other costs/fees related to the lessee's goods; The right of the lessee is to be able to enjoy the use of the warehouse for storing their goods peacefully and free from third party interference. The obligation of the warehouse is to hand over the right to use the warehouse to the lessee; The lessee is obliged to maintain the warehouse and all provisions or provision of facilities and facilities belonging to the warehouse that he rents as well as possible; The lessee is obliged to pay the warehouse rental price and other costs related to the warehouse rental at the time specified in the warehouse rental agreement. Keywords: Agreement, Rental, Warehouse
GENERAL MEETING OF SHAREHOLDERS (GMS) AUTHORITY THAT THE BOARD OF DIRECTORS AND BOARD OF COMMISSIONERS DO NOT HAVE
The General Meeting of Shareholders (GMS) is the highest governing body in a company’s structure, holding exclusive authority that cannot be exercised by the board of directors and the board of commissioners. This authority includes approving the annual report, amending the articles of association, appointing and dismissing directors and commissioners, mergers, consolidations, acquisitions, company dissolution, and other strategic decisions that significantly impact the company's continuity. The GMS consists of the Annual GMS and the Extraordinary GMS, each playing a crucial role in decision-making. This article discusses the exclusive powers of the GMS that are not held by the board of directors and the board of commissioners, highlighting its role in corporate governance and its impact on corporate transparency and accountability. Keywords: GMS, authority, board of directors, board of commissioners, corporate governance
Pre-Trial Process in Terrorism Crimes: Human Rights Violations Against Coercive Measures Committed by the Police
This research aims to analyze the Pre-Trial process in handling terrorism criminal acts in Indonesia, highlighting the implications of potential human rights (HAM) violations arising from coercive measures by the police. This study examines the crucial role of Pre-Trial as a judicial oversight instrument of police actions during the investigation, identifying potential human rights violations such as arbitrary arrests and detentions, torture, and restrictions on the rights of suspects. Furthermore, this research explores the challenges of effective Pre-Trial implementation in the context of the urgency of counter-terrorism and public pressure, as well as formulating policy recommendations to strengthen oversight, guarantee the protection of suspects' human rights, and create a balance between effective law enforcement and the state's obligation to uphold the rule of law. Keywords: Pre-Trial, Terrorism, Human Rights, Law Enforcement.
Legal Protection For Pension Fund Beneficiaries Who Experience Late Payment
Pension beneficiaries are parties who have the right to receive timely payments as stipulated in the applicable regulations. Delays in the implementation of pension payments can have adverse consequences for beneficiaries, not only in terms of material losses, but also non-material losses, such as disruption in the fulfillment of daily financial needs that are mandatory. This research focuses on analyzing the forms of legal protection that have been available to pension fund beneficiaries who face the problem of late payments, as well as assessing the extent of the effectiveness of existing regulations in ensuring the fulfillment of their rights. The methods applied in this study include a normative legal approach combined with real case studies as concrete illustrations. A comprehensive analysis was carried out on various sets of laws and regulations related to pension funds, ranging from laws, government regulations, to policies issued by pension fund management institutions. Based on the results of the study, it was found that although the legal framework for the payment of pension funds has been designed, the application of sanctions against late payments still has significant weaknesses. Furthermore, the existing dispute resolution mechanisms show a tendency to take a long time, which ultimately worsens the conditions of the beneficiaries. From these findings, the study recommends revisions to existing regulations, including the drafting of additional rules that are stricter on the provision of sanctions, as well as efforts to improve efficiency in dispute resolution mechanisms. With stronger legal protections, it is hoped that the rights of pension fund beneficiaries can be better guaranteed, while the risk of late payments can be minimized in the future. Keywords: Legal protection, Pension fund recipients, Laws and Regulations, Government Policy, Right to timely payment.
INTEGRITAS AKADEMIK DAN PENEGAKAN HUKUM PIDANA: MENGKAJI PENYALAHGUNAAN KEKUASAAN DAN DAMPAKNYA PADA TENAGA AKADEMIK UNIVERSITAS
The enforcement of criminal law in a fair justice system is an essential element to ensure social justice and respect for human rights. However, abuse of power in the law enforcement process can have far-reaching effects, including in academia. This research examines the relationship between academic integrity and the potential for abuse of power in criminal law enforcement, and its impact on the performance of academic personnel at universities. In this context, abuse of power refers to unfair or arbitrary actions by law enforcement in handling criminal cases that can affect the atmosphere of academic freedom, professionalism and objectivity in higher education. This research aims to explore how injustice in law enforcement can disrupt the performance of academic personnel, create uncertainty, and reduce trust in the legal system. Using a qualitative approach, this study identifies the impacts that can arise in the interaction between criminal law and higher education institutions, and provides recommendations to strengthen academic integrity in the face of potential abuse of power
PELECEHAN SEKSUAL ANAK USIA DINI: PERAN HUKUM PIDANA DALAM MEMBERIKAN KEADILAN BAGI KORBAN
Sexual abuse of young children is a form of crime that is very destructive, both physically and psychologically. In the context of criminal law, existing regulations are often questioned for their effectiveness in providing justice for victims. Theoretically, the concept of legal protection for children, especially in cases of sexual abuse, has been regulated in various national and international legal instruments. However, there is still a gap between the written law and its implementation in the field, especially in dealing with cases of sexual abuse against early childhood. The main problem discussed in this article is how criminal law is able to provide justice for victims of early childhood sexual abuse. The article also examines the challenges in the law enforcement process and the obstacles faced, including social stigma and lack of access to rehabilitation services for victims. The novelty of this research lies in the critical analysis of current criminal law mechanisms, along with proposed legal reforms to strengthen child protection. The main focus of the research is to assess the effectiveness of the criminal law in accommodating the needs of victims of early sexual abuse, especially in the context of post-traumatic rehabilitation and recovery. The purpose of this study is to explore the extent to which the criminal law in Indonesia has succeeded in providing justice for victims of early sexual abuse and to identify factors that hinder the effective implementation of the law. The research methodology used a qualitative approach with a case study method. Data was collected through in-depth interviews with legal practitioners, child protection activists, as well as a review of relevant legal documents. The research also analyzed several cases of early childhood sexual abuse to assess the application of criminal law at the practical level. The results show that although the criminal law in Indonesia has provided a basis for legal protection for children, implementation in the field still faces various obstacles, including weak coordination between law enforcers, lack of sensitivity to victims, and lack of rehabilitation efforts that focus on victim recovery. The implications of this research are expected to serve as a basis for policy makers to formulate concrete steps to improve the criminal justice system, including by increasing the role of rehabilitation services and providing specialized training for law enforcement officials in handling cases of sexual abuse against young children
PERLINDUNGAN HUKUM KORBAN PELECEHAN SEKSUAL TERHADAP ANAK (Studi Putusan Pengadilan Negeri Sidoarjo Nomor: 597/Pid.Sus/2023/PN Sda.)
The consideration of the person giving the decision, namely the judge, in handing down a decision regarding an act that tends towards child abuse which leads to a criminal offense is based on several elements to determine the final decision that will be taken. The judge considered that this case had several bases, namely the element of each person, the element of committing violence or threats of violence forcing the child to have sexual intercourse with him or another person, all of which had been explained in detail. Then regarding the judge's decision regarding the juvenile criminal justice system, there are no obstacles, where this choice is equivalent to the principles that speak about the Juvenile Law Enforcement Framework. One of the places in his choice, the judge chose to be imprisoned for a long time with a probationary period of half a year in prison, deducted from the period of imprisonment and a monetary fine of Rp. 2,000,000,- (two million rupiah) with the provision that if the fine cannot be paid, it will be replaced by detention for more than 90 days. In fact, article 71 paragraph (3) states that assuming the punishment is in the form of a financial fine, the total punishment will be imposed as detention and the fine will be replaced with work preparation. This implies that fines for children who are struggling with the law should be fixed on the assumption that they cannot meet the agreed fines, for example, work preparation. Keywords: Legal perspective, sexual harassment, minors
PERTANGGUNGJAWABAN PIDANA PERUSAHAAN ANGKUTAN UMUM KETIKA TERJADI KECELAKAAN LALU LINTAS
Every land transportation accident always causes losses only to users, both moral and material. Especially accidents involving public transportation. Public transportation companies pay little attention to aspects of security, comfort, safety, affordability, equality and regularity of passengers. This research uses a normative juridical research type with a problem formulation, namely: How is the legal protection for public transportation consumers when a traffic accident occurs and what is the criminal liability of public transportation companies in the of a traffic accident. The research results are as follows: Legal protection for consumers/users of public transportation services is regulated in Law Number 8 of 1999 concerning Consumer Protection and in Law Number 22 of 2009 concerning Road Traffic and Transportation. In the context of the legal system in force in Indonesia, efforts or means that can be used to fight for people's rights can be achieved by implementing legal and criminal sanctions, in addition to This can also be done by filing a civil lawsuit with the court, or resolving the case through non-litigation channels, namely resolving disputes outside the court through the intermediary of other parties whose existence has been regulated in statutory regulations. Theoretically, public transport companies can be held criminally liable in the event of accidents caused by vehicle unfitness. However, this cannot be done in practice because the law does not clearly regulate in what cases and when a public transportation company can be said to have committed a criminal act. Keywords: Criminal Liability, Public Transportation Company, Traffic Accidents
Remission is a reduction in sentence given by the state to prisoners who have met certain requirements, it can be said as a right but there is also an obligation. Criminal law enforcement is based on the principle of legality, where an act can only be punished after there are rules that regulate it before the act is committed. Murder is the taking or taking of a person's life by another person which results in the failure of all vital functions of the body due to the separation of the spirit from the victim's body. The purpose of this study is to determine remission and criminal law enforcement in cases of premeditated murder. Normative legal research method. While the approach method used is the Statute Approach. Researchers see law as a closed system that has comprehensive characteristics, namely the legal norms in it are related to one another. Data obtained from the results of the study will be analyzed using a qualitative normative analysis method. The results of this study indicate that Jessica Kumala Wongso, a convict in the premeditated murder case of Wayan Mirna Salihin, received a remission of 58 months and 30 days. This remission was given because Jessica was considered to have behaved well while serving her sentence at Pondok Bambu Prison. Jessica was released on parole based on the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number: PAS-1703.PK.05.09 of 2024. In the case of Jessica Wongso, the criminal law enforcement carried out was as follows: Jessica Wongso was charged and proven to have committed premeditated murder of Wayan Mirna Salihin by mixing cyanide poison into Vietnamese iced coffee. Jessica Wongso was sentenced to 20 years in prison based on Article 340 of the Criminal Code concerning Premeditated Murder. Jessica Wongso was released on parole on August 18, 2024 after serving 8.5 years of her sentence. Jessica received a remission of 58 months and 30 days. Keywords: Remission, Law Enforcement, Criminal
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IMPLEMENTASI PENYELENGGARAAN OTONOMI DAERAH DALAM PENINGKATAN KESEJAHTERAAN MASYARAKAT
Regional autonomy, introduced during the reform era, aims to grant broader and greater authority to local governments to manage their respective regions based on local needs. Although the regional autonomy policy has been implemented for more than 20 years, its application remains uneven. This is due to various challenges, such as corruption and conflicts of authority. This study employs a qualitative method with a normative juridical approach. The findings of this research indicate that decentralization within regional autonomy provides significant opportunities to improve public services and the Human Development Index. However, this requires support in the form of good governance, effective oversight, and collaboration between the central and local governments. Keywords: Regional Autonomy, Welfare, Society
RELASI ISLAM DAN PANCASILA SEBAGAI SISTEM HUKUM: KAJIAN KEPUTUSAN MUKHTAMAR MUHAMMADIYAH KE - 47 DI MAKASSAR
The Republic of Indonesia is based on Pancasila as an agreement between all elements of the nation with various ethnic groups, languages ​​and various religions. The birth of Pancasila is considered by some Muslims to be an agreement between the founding fathers of the nation. Pancasila is considered very appropriate and appropriate to accommodate all races, ethnicities and religions in Indonesia. This is what then attracts researchers to examine more deeply Muhammadiyah's thinking about the relationship between Islam and Pancasila and what the relationship between Islam and Pancasila as a legal system is from Muhammadiyah's perspective. According to Muhammadiyah, the Pancasila state can be realized as "Baldatun thayyibatun wa rabbun ghafur," which signifies an advanced, just, prosperous, honorable and autonomous existence under the blessing of God. In Muhammadiyah's perspective, the relationship between Islam and Pancasila as a legal system in Indonesia is considered harmonious and complementary in a deep and substantial way. Keywords: Law, Legal Politics, Regional Government.
EFEKTIVITAS UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERLINDUNGAN KORBAN PEREMPUAN
Sexual violence in Indonesia has become a persistent issue that shows no signs of abating. Every day, cases of sexual violence continue to rise, with the majority of victims being women and children. This situation prompted the government to enact and implement Law No. 12 of 2022 on Sexual Violence Crimes. One of the primary objectives of this law is to provide optimal and comprehensive protection and recovery for victims. This study employs a normative-empirical method, analyzing the implementation of positive law provisions (legislation) and written documents in action (factually) in the context of specific legal events occurring in society. The findings indicate that the Sexual Violence Crimes Law has not yet been effective. Several contributing factors include weak law enforcement, inadequate facilities and recovery access for victims, and, in some cases, violations of victims' confidentiality. Keywords: Female Victims, Sexual Violence Crimes, Legal Protection
PERLINDUNGAN HAK BAGI KREDITUR DALAM PERJANJIAN SEWA GUNA USAHA
Leasing has become a growing business activity in Indonesia, mainly due to its flexibility in meeting the capital and asset needs of business operators. This activity is carried out through an agreement between the creditor (lessor) and the debtor (lessee), which serves as the legal basis for defining the rights and obligations of both parties. However, in practice, there are frequent violations of the agreement terms, wherein the debtor commits a breach that causes losses to the creditor. This study adopts a normative juridical approach, utilizing literature sources and other relevant references. The research findings indicate that legal protection for creditors in leasing agreements can be realized through the right to claim compensation, request contract termination, and shift the risk of loss to the debtor upon the occurrence of a breach. These provisions aim to protect creditors from potential losses and ensure the fulfillment of their rights. With clear legal protections in place, creditors can be better safeguarded and shielded from the risks arising from debtor defaults. Keywords: Agreement, Leasing, Breach
CHILDFREE PERSPEKTIF PSIKOLOGI DAN HUKUM ISLAM
This research aims to determine the psychological problems experienced by couples who decide to be childfree. Couples who decide to be childfree usually assume that whether or not having children is a personal right and human right that cannot be forced by anyone. This research is library research with a psychological approach to find out the reality of couples in deciding to be childfree. as well as a normative approach to understanding childfree law in Islam. From this research it can be found that there are several factors that couples choose to be childfree including economic, mental, personal and personal experience factors, cultural factors and overpopulation. Apart from that, couples who decide to be childfree are significantly less psychologically fulfilled than couples who have children and a woman who has children has a more caring and stable emotional side than those who decide to be childfree. And actually, when a couple chooses to be childfree, there are psychological problems including Social Concern and Relationship Concern. And families who choose to be Childfree will clearly contradict the religious narrative which actually proves the existence of a child in the midst of the family. In the Islamic religion itself, the presence of children can be a bridge for parents to play a role and make important contributions in advancing civilization in the future. Keywords: Childfree, Psychology, Islamic Law
PELESTARIAN LINGKUNGAN HIDUP MELALUI HUKUM ADAT TRADISI NYADRAN (STUDI EMPIRIS DI WILAYAH DESA BRONGKOL KECAMATAN JAMBU KABUPATEN SEMARANG)
Environmental preservation through the Nyadran traditional law is an approach that integrates cultural values ​​and local wisdom in an effort to protect the ecosystem. The nyadran tradition commonly practiced by Javanese people not only functions as a spiritual ritual but also reflects the harmonious relationship between humans and nature. In practice, nyadran involves cleaning the environment, caring for nature, and strengthening communities in protecting natural resources. This writing aims to examine the role of customary law in supporting environmental preservation through the nyadran tradition and its impact on public awareness of the importance of the environment. Keywords: Environmental preservation; the Nyadran;, Traditional Law.
KEPATUHAN HUKUM DALAM PERENCANAAN BISNIS USAHA KECIL MENENGAH (UKM) DI DESA BUNDER KEC. SUSUKAN KAB. CIREBON
This study aims to find out how the obligations of the Cirebon Regency Education Office on the decision of the Cirebon Regency Regional Information Commission Number 002/VI/KIKC-PS-A/2018 on the completeness of public documents in Cirebon Regency. The form of the completeness of the requested public documents in the form of a request for a hardcopy / official copy of the 2017 Budget Implementation Document at the Cirebon Regency Education Office is open information based on the KIP Law. The obligation of the Cirebon Regency Education Office in accordance with its duties and functions as a Public Agency does not carry out the mandate of the KIP Law. The methodology used is a type of normative juridical research, namely legal research that places the law as a building system of norms. The system of norms in question is to recognize the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Meanwhile, from the nature of the core research, it is included in the type of descriptive research in the form of diagnostic and evaluative by using qualitative exposure. The findings in this study, First; the weak response and no guarantees as well as the existence of deliberate institutional actions by the Cirebon Regency Education Office, so that the rights of applicants for public information are ignored so that they must take the public information dispute resolution route at the Cirebon Regency Regional Information Commission. Second; that the obligation of the Cirebon Regency Education Office is not to provide, not to provide and/or not to publish public information under its authority to applicants for public information until an unspecified time limit, so that unclear public information will appear and cause a problem. Keywords: Legal Compliance, Business Planning, SMEs, Warung Klontong.
IMPLIKASI KLAUSULA BAKU DALAM UNDANG-UDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KOMSUMEN TERHADAP PELAKU USAHA DAN KONSUMEN
Law No.8 of 1999 on Consumer Protection in Indonesia aims to protect cconsumer rights and ensure fair business pratices by business. Standard clauses, as a part of the standard contract frequently used in business transactions, have siqnificant implications for both parties, business and consumers. This study aim to analyze how the standard clauses in the law affect consumer protection and the responsiblilities of business. Through qualitative analysis,it was found that standard clauses often benefit business but can disadvantage conxumers if not properly regulated. Therefore, effective law enforcement and cumsumer education are necessary to address this imbalance and ensure fairness in business transactions. Keywords: Standard Caluses, Consumer Protection, Business
KEKUATAN PEMBUKTIAN TANDA TANGAN ELEKTRONIK DALAM KONTRAK BISNIS
The development of information technology has changed the way business transactions are carried out, including the use of electronic signatures in business contracts. This research examines the evidentiary power of electronic signatures in business contracts in Indonesia from a legal perspective. The research method used is normative juridical with a statutory and conceptual approach. The research results show that electronic signatures have legal force and valid legal consequences as long as they meet the requirements stipulated in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) as amended by Law Number 19 of 2016. Signature A qualified electronic signature has equivalent evidentiary power as a conventional signature. This research concludes that although electronic signatures have strong legal evidentiary power, care is needed in their implementation to ensure their validity and admissibility as evidence in court. Keywords: Electronic Signature, Business Contract, Evidentiary Power.
PENANGGULANGAN WANPRESTASI DI DALAM PERJANJIAN KARTU KREDIT
Default is a legal term derived from the Dutch language, namely "wanprestatie". This term is used in civil law to refer to a violation or negligence committed by one of the parties to the contract, which causes the non-fulfilment of the obligations agreed upon in the contract. Default can occur when one party does not fulfil its obligations in accordance with the terms set out in the contract, be it in the form of delay, not delivering the promised goods or services, or not doing something that should be done in accordance with the contents of the contract. In the case of default, the injured party can file a lawsuit to claim compensation or request the fulfilment of obligations in accordance with the contents of the contract. Keywords: Handling, default, agreement, credit card
ANALISIS PUTUSAN VERSTEK YANG MERUGIKAN PIHAK TERGUGAT PADA PERKARA WANPRESTASI
In the Indonesian Civil Procedure Law there are principles regarding the regulation of Judicial Power, namely the principle of audi et alteram partem which means that the judge must listen to both parties in the case. The decision handed down by the judge in this case is a verstek decision. A verstek decision is a decision handed down by the court when one of the parties is not present at the hearing or does not respond after being summoned in an appropriate and legal manner. The judge, in using his authority, can issue a verstek decision without the presence of the defendant provided that the existing requirements are met, namely if the defendant has been legally and properly summoned by the court, but the defendant is not present at the trial and does not send his legal representative. This research aims to analyze verstek decisions that are detrimental to defendants in default cases, and focuses on matters regarding verstek decisions, starting from the conditions, legal remedies that can be taken if the judge hands down a verstek decision, as well as the execution of the decision if the losing party does not carry out court ruling. The methodology used in this research article is a normative-empirical legal research method, which examines positive law and applicable norms and statutory regulations. The research results show that the verstek decision in Supreme Court Decision Number 39/Pdt.G/2022/PN Cbd is very detrimental to the defendant, especially if the absence is caused by unavoidable factors. This raises the risk of injustice and potential abuse of the law by plaintiffs who may not have good intentions. Keywords: Verstek Decision, Defendant, Plaintiff, Resistance (Verzet), Execution.
ANALISIS DAN PENGATURAN TERHADAP TINDAK PIDANA PENCUCIAN UANG SEBAGAI KEJAHATAN KEUANGAN NASIONAL
The journal provides an explanation of the Analysis and Regulation of the Crime of Money Theft as a National Financial Crime. This journal was created with the aim of providing learning about the definition of the crime of money laundering, the money laundering process and the methods commonly used by money launderers. In this journal, provisions will also be discussed that money laundering criminal law. The problem of money laundering criminal acts is not only related to the laws in force in Indonesia but also related to national financial and economic problems. The method used in writing this journal is a normative juridicial approach method which is a comprehensive analysis of legal sources, primary and guided by legal provisions. Keywords: Legal Regulation, Money Laundering and Criminal Law
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