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All Journal Jurnal Cakrawala Hukum JURNAL HUKUM dan KENOTARIATAN BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Nahdiya Sabrina
Magister Ilmu Hukum, Universitas Merdeka Malang
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG STATUS ANAK YANG DILAHIRKAN DI LUAR PERKAWINAN sabrina, nahdiya
JURNAL HUKUM dan KENOTARIATAN Vol 2, No 1 (2018): Jurnal Volume II – Nomor 1– Februari 2018
Publisher : JURNAL HUKUM dan KENOTARIATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.723 KB)

Abstract

AbstrakMahkamah Konstitusi (MK) mengabulkan uji materiil terhadap Pasal 43 ayat (1) UU 1/1974 yang menyatakan, “anak yang dilahirkan di luar perkawinan hanya mempunyai hubungan perdata dengan ibunya dan keluarga ibunya” harus dibaca, Anak yang dilahirkan di luar perkawinan mempunyai hubungan perdata dengan ibunya dan keluarga ibunya serta dengan laki-laki sebagai ayahnya yang dapat dibuktikan berdasarkan ilmu pengetahuan dan teknologi dan/atau alat bukti lain menurut hukum mempunyai hubungan darah, termasuk hubungan perdata dengan keluarga ayahnya. Pertimbangan atas hal tersebut adalah bahwa hubungan anak dengan seorang laki-laki sebagai bapak tidak semata-mata karena adanya ikatan perkawinan, akan tetapi dapat juga didasarkan pada pembuktian adanya hubungan darah antara anak dengan laki-laki tersebut sebagai bapak.Kata Kunci: analisis yuridis, putusan Mahkamah Konstitusi, anak yang dilahirkan di luar perkawinan AbstractThe Constitutional Court (MK) granted a material test of Article 43 paragraph (1) of the 1/1974 Law stating that "children born outside of marriage only have civil relations with their mother and mother's family" must be read, Children born outside of marriage have a relationship civilize with his mother and his mother's family as well as with men as his proven father based on science and technology and/or other evidence under law having blood relations, including civil relations with his father's family. Consideration of this is that the relationship of a child to a man as a father is not solely due to the bond of marriage, but may also be based on the proof of the existence of blood relations between the child and the man as the fatherKeywords: juridical analysis, verdict of Constitutional Court, child born outside of marriage
KONSTRUKSI PERTANGGUNG JAWABAN PIDANA LAKI-LAKI ATAS PERBUATAN MENELANTARKAN PEREMPUAN DAN ANAK DI LUAR KAWIN Nahdiya Sabrina
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): June 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1792

Abstract

The act of a man releasing responsibility for a woman’s pregnancy outside of marriage is an act that deemeddeplorable in society, and of course, bring harm to women and children. But until this moment there is no rulethat can be used to ensure the perpetrator or to force him to account for the act. By not regulating this act thestate would surely let this act continue so that more and more children become victims. Whereas this act iscontrary to the mandate of law no. 35 the year 2014 regarding the amendment to the law no 23 the year 2002 on childprotection.
PERLINDUNGAN DAN PEMENUHAN HAK KORBAN TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA Nahdiya Sabrina
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1913

Abstract

The criminal justice system in Indonesia is now more concerned with criminal prosecution so that the rights of victims of criminal offenses are often overlooked. This creates dissatisfaction with the self of criminal act. Because what the victim really wants is not only the punishment of the perpetrator but also the return of the rights he should have before the crime. Through several laws and regulations, namely Law No. 31 of 2014 on the Amendment of Law No. 13 of 2006 on the Protection of Witnesses and Victims that became the main umbrella of the protection of victims of crime, as well as Law No. 23 of 2004 on the Elimination of Violence in the Household, has actually been regulated regarding the protection and rights of victims of this crime. The Witness and Victim Protection Act explicitly places the state through LPSK as the main party providing protection for Witnesses and Victims. However, there are articles in the Law which need further explanation because there are juridical issues of unclear norms that regulate, so there are difficulties when applied in factual cases.
Bentuk Penanggulangan dan Pencegahan terhadap Tindak Pidana Penipuan Lowongan Kerja Online Alifia Risma Marselyna; Indrawati Indrawati; Nahdiya Sabrina
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.842 KB) | DOI: 10.26905/blj.v1i1.5276

Abstract

Currently, there are many crimes that take advantage of the sophistication of internet developments, such as crimes that are committed online or commonly called Cyber Crime. This is based on the argument that Cyber Crime is an activity that uses computers as a medium that is supported by a communication system, whether it’s a Dial Up System, using a telephone line, or a wireless system that uses a special wireless antenna. One form of crime related to the misuse of information technology facilities is a crime or criminal act of online job vacancies as regulated in Article 378 Book II of the Criminal Code (KUHP) and Article 28 paragraph (1) Jo. Article 45 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transaction. This study seeks to answer the background of fraud in online job vacancies as well as a form of countermeasures against fraud in online job vacancies. This study uses a normative juridical research method.
Pertanggungjawaban Pidana atas Tindak Pidana Pelecehan Verbal melalui Media Sosial Aena Linda Mustika; Setiyono Setiyono; Muhari Santoso; Nahdiya Sabrina
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v2i1.5856

Abstract

Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.
Tinjauan Yuridis Tindak Pidana Perdagangan Organ Tubuh Manusia untuk Transplantasi Natalia Kristin; Enny Ristanti; Galih Puji Mulyono; Nahdiya Sabrina
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7984

Abstract

Technological advances are starting to make great progress in the world of health, especially for some diseases for which a cure has been found. For example, by seeking new treatments by transplanting several organs in the body. However, in practice the method of treatment with human organ transplantation is not easy to do, considering that the available organs are still very few compared to the needs of human organs. This causes the high price of human organs which should not be commercialized and many people take this opportunity to fulfill their financial needs by trading human organs. One of the laws that prohibits organ trafficking is Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons. The provisions regarding the prohibition are contained in the formulation of Article 2, Article 3, Article 4, Article 5, Article 6, and Article 7 in the law.
Compensation for land rights holders according to the land acquisition law Dhaniar Eka Budiastanti; Khotbatul Laila; Nahdiya Sabrina; Diah Aju Wisnuwardhani; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7970

Abstract

The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.
Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption Nahdiya Sabrina
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.10049

Abstract

This study aims to provide an analysis of the many cases of distribution of non-food animal meat for consumption purposes that have recently received attention, such as the rampant sale of cat and dog meat which often occurs in society. Cats and dogs are pets kept by humans. These animals are not included in the consumption of livestock. Consumption of non-food animals is a heinous act that can become a zoonotic vector. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results obtained are that there are laws and regulations related to the distribution of non-food animal meat for consumption purposes, but some of these regulations do not mention the imposition of sanctions on the distribution of non-food animal meat for consumption purposes. Criminal laws should provide for the torture of animals and the distribution of non-food animal meat for consumption and sanctions. This is considering the dangers of consuming non-food animals which have the potential to harm the wider community.How to cite item: Sabrina, Nahdiya. “Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 28-35. DOI: 10.26905/idjch.v14i1.10049.
Analisis Yuridis tentang Pembunuhan yang dilakukan oleh Anggota TNI Angkatan Darat terhadap Warga Sipil Arif Widodo; Setiyono Setiyono; Teguh Suratman; Nahdiya Sabrina
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10322

Abstract

This research is motivated by the existence of cases of killings committed by elements of the Indonesian Army against civilians which is a serious violation that should not have been committed. The legal issues that will be analyzed in this study are knowing and explaining: the basic considerations of the judges in the decision of the Military Court III-12 Surabaya Number 223-K/PM.III-12/AD/XII/2018 decided on cases of deprivation of independence resulting in death by members of the TNI AD against civilians. The research method uses normative legal research in the form of legal behavior products by examining laws. The problem approach uses a normative juridical approach. The results of this study found that: The judge's consideration in the Decision of the Military Court III-12 Surabaya Number 223-K/PM.III- 12/AD/XII/2018 has fulfilled the elements of Article 333 paragraph (1) of the Criminal Code with a criminal sanction of 1 year 2 months and dishonorable dismissal; The decision of the II-12 Surabaya Military Court Number 223-K/PM.III-12/AD/XII/2018 has fulfilled a sense of justice, due to insufficient valid and convincing evidence of guilt for committing the crime of murder which was carried out jointly.
Kebijakan Legislatif Penanganan Perkara Tindak Pidana Perusakan Hutan yang Melampaui Limitasi Waktu Penyidikan Eduward Hutapea; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11134

Abstract

 The background of this study is the inability of investigators to always meet the deadline for examining criminal instances of forest destruction set forth in Article 39 of Law Number 18 of 2013 for the Prevention and Eradication of Forest Destruction. In fact, it is still discovered that investigators cannot finish the investigation until the time limit expires, the investigation is not continued by the Public Prosecutor, and there is a condition that the Public Prosecutor cannot finish the continuation of the investigation, which is crucial to investigate. In order to determine how the legislative policy of investigating cases of forest destruction exceeds the time limit and how to regulate the investigation of cases of forest destruction in the future based on the materials existing law, this research is normative in nature. It is conducted in literature using normative qualitative analysis methods and descriptive content analysis methods.  The study's findings demonstrate that the time limit cannot be applied to all criminal investigations involving forest destruction due to a variety of factors. This, along with the fact that there is a P3H Institution that should have a uniform set of standards and the lack of technical provisions for investigators and public prosecutors, calls for a change in policy. Due to this, the study suggests that the time limit not be formulated in law but rather be regulated in technical provisions, completing technical provisions for investigations and complementing provisions for strengthening investigators due to the failure to realize the establishment of a P3H Institution. 
Co-Authors Aena Linda Mustika Alifia Risma Marselyna Andrianto, Sis Nanda Kus Arif Widodo Dhaniar Eka Budiastanti Diah Aju Wisnuwardhani Edi Pramono Eduward Hutapea Enny Ristanti Galih Puji Mulyono Ghufron, M. Hatarto Pakpahan Indrawati Indrawati Khotbatul Laila Laila, Khotbatul Lailawati, Fadilla Dwi Muhari Santoso Nahak, Artha Ulina Natalia Kristin Novita Listyaningrum, Novita Putra, Ivan Praditya Selvia Wisuda Setiyono Setiyono Setiyono Setiyono Setiyono, Setiyono Teguh Suratman Waskito, Indra