Jurnal Analisis Hukum

Journal Information
ISSN / EISSN : 2620-3715 / 2620-4959
Published by: Universitas Pendidikan Nasional (10.38043)
Total articles ≅ 35
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Trinov Gira Thimoteus Sihite, Akhmad Budi Cahyono
Jurnal Analisis Hukum, Volume 5, pp 66-80; https://doi.org/10.38043/jah.v5i1.3488

Abstract:
The regulation and supervision of the distribution of capital in a Microfinance Institution is currently still not running optimally considering that there are still many entities that have limited operational capital to develop their businesses. This encourages an innovation for those who are careful in seeing economic opportunities, one of which is Fintech Lending. Fintech as one of the digital pioneers that can accelerate economic turnover and facilitate financial transactions, including access to funding for the public. It is hoped that the disruption of technology can increase competition among financial services business players in Indonesia. The purpose of this study is to determine the presence and function of Fintech Lending as an alternative source of financing solutions for Microfinance Institutions who are experiencing capital difficulties to do business, and to provide understanding to Microfinance Institutions regarding preventive and repressive legal protection if one day a Microfinance Institution enter into a cooperation agreement to conduct a microfinance project. The research method used is normative, namely through literature review/legal documents. The results of the study show that Fintech Lending can collaborate with Microfinance Institutions to realize equitable distribution of the people's economy.
Ni Made Trisna Dewi
Jurnal Analisis Hukum, Volume 5, pp 81-89; https://doi.org/10.38043/jah.v5i1.3223

Abstract:
The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with direct interviews with competent people using peace theory, effectiveness theory in the rule of law concept to study and get answers to existing problems. The results of this study are legal efforts to resolve disputes over buying and selling diamonds in civil law cases, namely by non-litigation, this is generally done in civil cases only because it is more private in nature by having several forms to resolve disputes, namely: Negotiation, Mediation and Arbitration. Meanwhile, the obstacles to non-litigation settlement in the settlement of civil law cases of buying and selling are juridical barriers regarding mediation and the validity of the results of the peace where the parties sometimes or the public doubts the final outcome of dispute resolution through mediation and non-juridical barriers, namely obstacles that occur because the parties involved directly related to the diamond sale and purchase dispute, prioritizing emotions in problem solving. The emotional factor with its arrogance assumes that all parties are in the right position, so they don't want to give up.
Aldi Pradani, Winsherly Tan
Jurnal Analisis Hukum, Volume 5, pp 40-55; https://doi.org/10.38043/jah.v5i1.3443

Abstract:
The purpose of this research is to discuss the legal basis for the application of clemency is and what are the reasons behind granting clemency considering that this clemency often causes pros and cons because cases related to granting clemency are usually severe cases that are considered very disturbing to the community. In addition, another purpose of this research is to discuss the juridical review of granting clemency to narcotics criminals. The cases reviewed are the narcotics cases of the convicts Deni Setia Maharwan and Schapelle Leigh Corby. The law actually only regulates who has the right to produce and sell narcotics. And those who violate will be penalized. This type of research is normative law with a statue approach and a case approach. From the discussion carried out, the results of the study revealed that a request for clemency could only be submitted by a person sentenced to death, sentenced to life imprisonment and sentenced to a prison sentence of at least 2 years. Requests and grants for clemency are regulated in Law No. 2 of 2010 as an amendment to Law No. 22 of 2002. Granting clemency is the prerogative of the president. The basis for granting clemency itself is not clearly regulated what are the reasons underlying the application to be granted. For the convict Setia Maharwan because he is considered not a drug lord and still has debt dependents and a wife as a teacher and one child. As for the convict Schapelle Leigh Corby because he was often sickly while in prison. Reflecting on the two cases above, the main reasons for granting clemency are aspects of humanity and justice. So that the granting of clemency is really carefully considered and takes a long time to be judged to fulfill the aspect of justice for the convict, the people, and other convicts with the same case who also applied for clemency.
Adalia Safira Rahma, Riska Andi Fitrionio, Aldi Danuarta, Muhammad Rizka Chamami, Yola Septania Cahyani
Jurnal Analisis Hukum, Volume 5, pp 56-65; https://doi.org/10.38043/jah.v5i1.3483

Abstract:
Law has a function, namely to regulate the life of the people of a country where the law applies. This law provides limits on human behavior so as not to violate the rights and obligations set out in the law. However, of course there will be actions that are not appropriate or against the law that are carried out even though they have been limited by the rules set. This is when criminal law plays a role in tackling crimes that have the potential to threaten stability and legal certainty in society. This study focuses on a recent viral investment fraud case by a well-known figure. Using an empirical case study approach and following the development of cases that are updated from time to time, this study aims to provide a discussion on the implementation of legal functions in cases that occur today. Thus, through this research, it can be seen that the law can play a role according to its function in resolving various criminal cases in Indonesia.
Aditama Candra Kusuma, Ni Wayan Widya Pratiwi, Nadya Ariska Humairah, Muhammad Raihan Yulistio
Jurnal Analisis Hukum, Volume 5, pp 90-105; https://doi.org/10.38043/jah.v5i1.3491

Abstract:
The formation of an integrated monitoring team for the provision of infiltration wells is a form of follow-up to the implementation of the Law on Water Resources Number 7 of 2004 which aims to monitor and control the use of groundwater in Jakarta which can cause land subsidence. The purpose of this study is to examine the legitimacy of the government's actions to limit the use of groundwater in Governor Decree (Kepgub) 279/2018 and to review how this decision impacts community rights. This research uses the normative juridical method. Sources of data are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis technique was qualitatively presented in a descriptive-analytical manner. The results of the study indicate that the government's action to form a supervisory team as an effort to deal with land subsidence in Jakarta is legal to be carried out and regulated by law. However, this decision violates the rights of the community, considering that in the formation of this policy, the rights of the community have been guaranteed by the above legal sources. 
Anak Agung Ayu Intan Puspadewi
Jurnal Analisis Hukum, Volume 5, pp 14-25; https://doi.org/10.38043/jah.v5i1.3383

Abstract:
Limited liability is a legal entity that most all businessmen are interested in because it is toward open business opportunities. Limited liability is a legal entity consisting of a capital and stock fellowship. After the passage of the limited liability company Work Copy Act not only a legal body consisting of capital and stock communion but a liability law body with micro and small business criteria. The problem of this research law issue is that it is concerned with the limited liability company criteria specified in the Working Copy Act and the establishment of limited liability companies that meet the criteria of micro and small businesses. The study used normative research methods with a statutory approach, analysis approach and concept approach. Tehnik collection of legal materials used namely the tehnik of librarian studies, namely searching, studying, understanding and analyzing various opinions, theories and concepts. The conclusion in this study is the criterion of liability in the Working Copy Act that is liability to consist of capital or shares, and individual liability that meets the criteria of micro and small businesses. The establishment of liberation libraries with the affidavit of the establishment of libraries and can be established by one person. 
Lambertus Josua Tallaut, Ade Adhari
Jurnal Analisis Hukum, Volume 5, pp 26-39; https://doi.org/10.38043/jah.v5i1.3426

Abstract:
Corruption crimes at the investigation stage, the authority is owned by the Prosecutor's Office, the Police, and the KPK. The authority of the KPK is regulated in Article 11 of the KPK Law. However, in practice, the Prosecutor's Office investigates corruption cases that fall under the authority of the KPK, which results in legal uncertainty. The purpose of this research is to understand the essence of legal certainty, and its application is related to the authority to investigate the KPK normatively, as well as to be investigated by the Attorney General's Office. The type of research used is juridical-empirical, the research approach is the law approach and the case approach. Certainty is a legal value that underlies the birth of legal principles and norms, therefore it must be upheld because the consequences are goals rather than law. The prosecutor's action in investigating the corruption case is the authority of the KPK to create legal uncertainty, which means it violates the value of legal certainty. The prosecutor's reasoning that Article 11 is just a norm is clearly not true, because Article 11 is part of a strategic criminal law formulation policy and also the case investigated by the Prosecutor's Office caused problems because it did not file an appeal against the decision of PT DKI Jakarta which was considered to have violated the sense of justice. Prosecutors' actions violate the value of legal certainty, injure the characteristics of the rule of law and injure the strategic city of criminal law policies at the formulation stage.
Surya Mukti Pratama, Mega Mutiara Putri, Muhammad Hafiz
Jurnal Analisis Hukum, Volume 5, pp 1-13; https://doi.org/10.38043/jah.v5i1.3157

Abstract:
Undang-Undang Dasar Negara Republik Indonesia tahun 1945 mengamanatkan bahwa setiap orang berhak untuk mendapatkan lingkungan hidup yang baik dan sehat sebagaimana yang tercantum dalam pasal 28H ayat 1. Untuk itu, negara memiliki tanggungjawab dalam menjamin terpenuhinya hak tersebut. Isu yang diangkat dalam tulisan ini adalah terkait dengan kebakaran hutan yang berimbas kepada terlanggarnya hak untuk mendapatkan jaminan lingkungan hidup yang baik dan sehat karena asap dari pembakaran hutan tersebut memiliki dampak yang buruk bagi manusia, terlebih apabila disebabkan oleh faktor manusia. Untuk itu, perlu diperhatikan bagaimana hukum mengatur dan tanggungjawab negara ketika terjadi perbuatan pembakaran hutan yang disebabkan faktor manusia dikaitkan dengan pandangan HAM. Penulisan ini menggunakan metode yuridis normatif yang merupakan penelitian hukum dengan menggunakan data sekunder yang terdiri dari bahan-bahan hukum yang meliputi bahan hukum primer, sekunder, dan tersier. Metode pendekatan yang digunakan dalam menganalis bahan-bahan hukum yaitu pendekatan perundang-undangan (statue approach) dan pendekatan konsep (conceptual approach). Hasil dari penulisan menunjukkan bahwa aktivitas pembakaran hutan yang berdampak pada kebakaran hutan secara luas merupakan pelanggaran terhadap hak atas lingkungan hidup yang baik dan sehat. Oleh karena itu, pemerintah memiliki tanggungjawab terhadap terpenuhinya hak tersebut dengan cara menindak tegas para pelaku pembakaran hutan dan melakukan upaya pemulihan bagi masyarakat yang terdampak atas kebakaran hutan tersbut.
Ida Bagus Gede Angga Juniarta
Jurnal Analisis Hukum, Volume 5, pp 106-118; https://doi.org/10.38043/jah.v5i1.3453

Abstract:
Currently, in the Province of West Nusa Tenggara (NTB) the Governor's Regulation Number 51 of 2020 concerning Obligations of Participation in the Employment Social Security Program has been issued. After the issuance of this regulation issued in 2020, in 2021 its implementation is still not visible. The research method used is an empirical legal research method using a descriptive approach. Efforts to improve welfare and ensure social security protection for all workers in the province of NTB, the local government has made several efforts to support the optimization of employment social security protection. However, looking at the current coverage, the protection is still not maximal, where the protection for Wage Recipient workers is 36.95% and Non-Wage Recipient workers is 1.24%. Article 5 paragraph (4) Governor's Regulation Number 51 of 2020 concerning Obligations of Participation in the Employment Social Security Program, that, "Workers who work for local government administrators as referred to in paragraph (3) letter a are non-civil servant government employees. So with the issuance of this Social Security Regulation, it has provided legal certainty for the protection of Non-Aparatur Sipil Negara workers in the Province of West Nusa Tenggara.
Indra Muchlis Adnan, Sukamto Satoto, Dwi Suryahartati
Jurnal Analisis Hukum, Volume 5, pp 119-135; https://doi.org/10.38043/jah.v5i1.3461

Abstract:
This study examines the legal consequences in the standard agreement between State Electricity Company (PT. PLN) as a public interest service provider company with consumers. This research study focuses on; First, legal protection for consumers if PT. PLN as a public interest service provider company does not fulfill its obligations in the power purchase agreement. Second, dispute resolution between consumers and PT. PLN. The purpose of this research is to contribute to the development of legal science in the field of Consumer Protection Law. The theoretical and practical benefits of this research are expected to contribute to the development of notarial law, especially regarding the formulation of standard agreements in the context of consumer legal protection of PT. PLN. This type of research is normative, or also known as library research.The study concludes that the legal protection of electricity customers in relation to the power purchase agreement letter (SPJBTL) has not been fully implemented. Regarding dispute resolution, it is possible for consumers to resolve through non-litigation legal channels, namely through the Consumer Dispute Resolution Agency (BPSK), because BPSK is easier, cheaper, faster, and simpler, in this case BPSK acts as a mediator in resolving electricity consumer disputes. 
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