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All Journal Qistie: Jurnal Ilmu Hukum Jurnal Hukum Caraka Justitia
Arista Chandra Irawati
Universitas Ngudi Waluyo
Humanities Education Law, Crime, Criminology & Criminal Justice

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Aspek Yuridis Hak Atas Tanah di Atas Laut Menurut Undang-Undang Pokok Agraria Shafa Naura Rahmanissa; Indra Yuliawan; Arista Chandra Irawati
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2483

Abstract

Among the types of land rights are Ownership Rights and Building Use Rights. Naturally, the object of these rights is a parcel of land. However, in the Bhumi application owned by ATR/BPN, there have been findings of Ownership Rights and Building Use Rights certificates in the water areas of Sidoarjo and Tangerang. This discovery raises questions about how land rights objects can be used for objects above the seawaters in Indonesia. According to Law Number 5 of 1960 concerning Basic Agrarian Principles, land rights certificates are used for the earth's surface, subsurface, and water above and within the earth, as well as the space above the earth’s surface with applicable legal provisions. If the land contains natural resources within the territory of the Indonesian state, there are specific regulations that govern it. This study aims to analyze the validity of the issuance of certificates as proof of land rights used for objects in water areas. Harmonization of each regulation is also needed to prevent overlaps between higher and lower regulations, as outlined in the hierarchy of laws. Therefore, issuing land rights certificates for management rights over water areas is illegal. The method employed in this research is a normative-empirical approach, examining existing legal bases and regulations and comparing them with empirical implementations in reality.
Analisis Yuridis Terhadap Efektivitas Kebiri Kimia Sebagai Hukuman Bagi Pelaku Kejahatan Seksual Anak Di Indonesia Dinda Prema Santoso; Arista Chandra Irawati; Hetiyasari Hetiyasari
Qistie Jurnal Ilmu Hukum Vol 18 No 2 (2025): Qistie : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/jqi.v18i2.14178

Abstract

Sexual crimes against children are a serious issue that requires effective legal handling. One of the punishments implemented in Indonesia is chemical castration. This study aims to analyze the effectiveness of chemical castration as a punishment for perpetrators of child sexual abuse in Indonesia from a juridical perspective. This study aims to analyze the effectiveness of chemical castration as a punishment for perpetrators of child sexual abuse in Indonesia from a juridical perspective. The research utilizes a normative and empirical juridical approach, with data collection techniques involving document studies and secondary literature. Theories employed in this study include the Law Enforcement Theory, Criminal Justice System Theory, and Due Process Theory. Despite chemical castration being regulated under Law Number 17 of 2016 on Child Protection and Government Regulation Number 70 of 2020, its implementation faces various obstacles. The findings reveal significant legal gaps and challenges in the execution of chemical castration, including the lack of detailed regulations and procedural clarity. Recommendations are provided to improve the effectiveness of chemical castration, such as revising regulations, enhancing coordination among relevant institutions, and ensuring adequate training and certification for medical practitioners involved in the procedure.
Co-Authors Dinda Prema Santoso Hetiyasari Hetiyasari Indra Yuliawan Shafa Naura Rahmanissa