Jurnal De Jure Muhammadiyah Cirebon

EFEKTIVITAS UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERLINDUNGAN KORBAN PEREMPUAN

2024-11-13T22:16:10+07:00

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

2024-11-13T22:05:51+07:00

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

2024-11-13T21:52:43+07:00

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

REMISI DAN PENEGAKAN HUKUM PIDANA

2024-12-19T20:54:38+07:00

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

IMPLEMENTASI PENYELENGGARAAN OTONOMI DAERAH DALAM PENINGKATAN KESEJAHTERAAN MASYARAKAT

2024-12-17T22:58:49+07:00

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

2024-11-21T11:09:19+07:00

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.

PERLINDUNGAN HUKUM KORBAN PELECEHAN SEKSUAL TERHADAP ANAK (Studi Putusan Pengadilan Negeri Sidoarjo Nomor: 597/Pid.Sus/2023/PN Sda.)

2024-12-28T21:04:43+07:00

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

2024-12-28T21:04:13+07:00

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

KEPATUHAN HUKUM DALAM PERENCANAAN BISNIS USAHA KECIL MENENGAH (UKM) DI DESA BUNDER KEC. SUSUKAN KAB. CIREBON

2024-09-11T20:23:11+07:00

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.