CONSTITUTUM Jurnal Ilmiah Hukum https://ejournal.borobudur.ac.id/index.php/cjih <p>CONSTITUTUM is a scientific journal published for the publication of legal disciplines, which include civil law, criminal law, business law, constitutional and administrative law, international law, Islamic law and other fields of law. CONSTITUTUM is published twice a year in April and October.</p> Fakultas Hukum Universitas Borobudur en-US CONSTITUTUM Jurnal Ilmiah Hukum KERJA SAMA OPERASI PENYEDIAAN LISTRIK DI INDONESIA BAGIAN TIMUR: HARAPAN DAN HAMBATAN https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1143 <p><em>Electric power is one of the vital resources where its use not only affects human life but is also strategic in carrying out national development goals. In this regard, electric power currently plays a major role in realizing Indonesia's vision to achieve net zero emissions. However, even though several regulations have been issued to encourage this effort, it seems that the rate of development of renewable electricity is always off target or slow. In the midst of this progress, one of the ways to accelerate the supply of electricity with new renewable energy is through Joint Operations. However, it seems that this scheme is also experiencing problems from a regulatory perspective. Therefore, this paper will identify the problems in Joint Operations and Provision of electricity in general with the formulation of the problem how Joint Operations can optimize the Electrification Ratio in eastern Indonesia? and what are the obstacles in the implementation of the Operational Cooperation for the Supply of Electricity in Eastern Indonesia? The type of research used by the author is normative juridical, with statutory, case and conceptual approaches as well as literature study data collection techniques. After conducting research, it can be seen that basically Operational Cooperation can solve problems that exist in the practice of electricity supply but are hampered by regulations including regarding the concept of Cooperation itself, Single Buyer, and excess power.</em></p> Malvin Jati Kuncara Alam Rayhan Fiqi Fansuri Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1 PELAKSANAAN PENEMPATAN PEKERJA MIGRAN INDONESIA DI MALAYSIA BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PELINDUNGAN PEKERJA MIGRAN INDONESIA https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1142 <p><em>Placement of Indonesian Migrant Workers is an effort to realize equal rights and opportunities for workers to obtain decent work and income. Placement of Indonesian Migrant Workers has been regulated in Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. However, the placement of Indonesian Migrant Workers abroad still creates many problems, for example, complicated bureaucratic procedures, many fees outside the placement system, lack of official documents, and difficulty accessing communications with the Indonesian Embassy. Therefore, there are two issues that will be discussed in this article, namely how to implement the placement of Indonesian Migrant Workers in Malaysia and what are the obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia. The research method used is normative juridical and sociological juridical. The result of the research is that the implementation of the placement of Indonesian Migrant Workers in Malaysia by P3MI goes through three stages, namely pre-placement, placement and post-placement. These three stages are in accordance with the provisions of Article 7 of Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers jo. Article 6 to Article 27 of the Minister of Manpower Regulation Number 9 of 2019 concerning Procedures for Placement of Indonesian Migrant Workers. Obstacles in implementing the placement of Indonesian Migrant Workers in Malaysia include convoluted bureaucratic and administrative problems that hinder, lack of coordination between agencies, weak human resources, many P3MIs who are not licensed or whose operating permits are no longer active or have expired, and the large number of levies outside the placement system.</em></p> Darwati Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1 PENERAPAN PASAL 378 KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENERBITAN BILYET GIRO KOSONG (STUDI KASUS PUTUSAN NOMOR 291/PID.B/2014/PN.YYK) https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1139 <p style="text-align: justify;"><em>Bilyet giro is a new type of securities compared to other securities by demand, is a book transfer order that functions as a means of payment. However, in practice there is often a fraud against the bilyet giro, which is often known as an empty bilyet giro, resulting in payment failures. the formulation of the problem in this study, is the application of Article 378 of the Criminal Code in Decision No. 291/Pid.B/2014/PN.Yyk. is in accordance with the applicable legal provisions, and what is the basis for the judge's consideration in making decisions against perpetrators of criminal acts of fraud that to be able to prove that the defendant is proven not guilty of committing a criminal act of fraud, where there must be elements in Article 378 of the Criminal Code for the crime of fraud, elements with the intention of benefiting oneself or another person against the law. While the basis for the judge's consideration in making a decision against the perpetrators of the crime of fraud in Decision No. 291/Pid.B/2014/PN.Yyk. stated that the defendant was proven to have committed the act as charged to him, but the act was not a criminal act as regulated in Article 378 of the Criminal Code. On the basis of the description of the elements of a criminal offense in the indictment, the Yogyakarta District Court rendered a decision free from all lawsuits against the defendant, the decision was given because the defendant was proven guilty after the examination process in court, but the act was not a criminal act as stipulated in Article 191 paragraph (2) Criminal Procedure Code.</em></p> Deby Mardina Riswadi Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1 TINDAKAN LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN MEMBERIKAN PERLINDUNGAN TERHADAP PEREMPUAN KORBAN KEKERASAN https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1138 <p style="text-align: justify;"><em>Violence against women in this era is no longer a taboo anti-mainstream issue to talk about. The phenomenon of violence against women has recently become a prominent issue in mass media coverage. Forms of violence, both physical, psychic, sexual, threatening, intimidation and emotional actions. All forms of violence experienced by these women, the more difficult it is for law enforcement to take legal action. The actions of the Witness and Victim Protection Agency to take measures to provide protection for women victims of violence still find obstacles where in the legal process. Often cases of violence against women victims are considered not to meet the elements of criminal acts, therefore, the legal process cannot be continued, even often the victim actually gets a reply from the perpetrator such as a counter-report, there needs to be a criminal law policy that provides legal protection for women as witnesses and victims of violence.</em></p> Latiffah Fajar Rahayu Dilla Hariyanti Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1 PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP BERKAITAN DENGAN DUMPING LIMBAH TANPA IZIN PADA PERUSAHAAN TAMBANG PT. INDOMINCO MANDIRI DI KALIMANTAN https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1137 <p style="text-align: justify;"><em>The criminal liability of corporations in environmental crimes, especially regarding crimes related to dumping waste without a permit and not managing B3 waste is regulated in Articles 103 and 104, while the corporation is described in Article 116 paragraph (1) letter a of Law Number 32 Year 2009. PT. Indominco Mandiri is a mining company located in East Kalimantan. In this study, the author uses a normative juridical research method, which discusses corporate criminal responsibility in environmental crimes using the whole theory of criminal responsibility against corporations, namely the theory of strict liability, vicarious liability, the doctrine of delegation, identification, and corporate organs.</em></p> Hesti Lestari Megawati Barthos Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1 UPAYA HUKUM PRAPERADILAN PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI https://ejournal.borobudur.ac.id/index.php/cjih/article/view/1136 <p style="text-align: justify;"><em>In the life of society, nation and state, it is possible that members of the community behave deviantly, namely by committing unlawful acts or criminal acts of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Against perpetrators suspected of committing a criminal act of corruption, law enforcement actions must be taken to prove guilty or not based on formal legal provisions, namely Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). One of the legal efforts to ratify or not determine the suspect is the pretrial legal effort. The problem raised in this study is how the legal action of the KPK investigators based on the Criminal Procedure Code in determining the suspect in the criminal act of corruption and how the pretrial legal action for the determination of the suspect in the criminal act of corruption by the KPK investigator. The method used in this research is normative juridical. The competence of the KPK's authority according to Law Number 30 of 2002 concerning the Corruption Eradication Commission is substantively responsible for operations in terms of carrying out legal actions for investigating and prosecuting perpetrators of criminal acts of corruption.</em></p> Fito Hartley Dharmawan Mugiati Copyright (c) 2023 CONSTITUTUM Jurnal Ilmiah Hukum 2023-01-16 2023-01-16 1 1