Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial
he publication of Jurnal Justisia: Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial was based on the enthusiasm of lecturers of Law Department, UIN Ar-raniry to express their thought trhrough writing. However, at that time, the Law Department did not have a media to accommodate their enthusiasm. Hence the publication of this journal is very important. Interestingly, the presence of the journal is warmly welcome by Sharia and Law faculty's lecturers. In addition, the publication of the journal has contributed to the accreditation process of the Law Department as a new major in UIN Ar-raniry. The publication of the printed version of Journal Justisia in 2016 had a positive impact on the result of "B" level accreditation based on the assessment National Committe of Accreditation.
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<![CDATA[Pertanggungjawaban Pidana Terhadap Pelaku Pencabulan Anak Di Bawa Umur ]]>
<![CDATA[Hammi Farid]]>;
<![CDATA[Ifahda Pratama Hapsari]]>;
<![CDATA[Hardian Iskandar]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.13222
<![CDATA[Children are a gift given by God Almighty, which we must protect and take care of because every child also has the right to live. The rise of cases of sexual harassment by adults against minors both in the school environment and in the public environment shows the lack of protection for children, and causes physical and psychological impacts that are directly felt by children as victims of sexual abuse. Sexual harassment of minors must be addressed with real action, and prevented as early as possible. Prevention can be done through sex education, not only from parents but also from other parties including schools. Protection measures. Children must be started as early as possible, so that later they can participate optimally for the development of the nation and the State, for that someone who commits his actions must be held accountable and punished according to what was done]]>
<![CDATA[Pemberian Pembebasan Bersyarat bagi Narapidana Narkotika pada Lapas Kelas I Madiun ]]>
<![CDATA[Mochamad Fardhil Prismawan]]>;
<![CDATA[Mitro Subroto]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12970
<![CDATA[There are provisions concerning criminal sanctions in the implementation of criminal law. where there is a purpose of imposing criminal sanctions for convicted offenders. The purpose of the imposition of criminal sanctions should not be solely to encourage the existence of a retaliation. In this case the Correctional institution is one of the executors of the purpose of the penal system in the improvement system As stated in the legislation, a number of law enforcement efforts to ensure that inmates are punished to be aware of their mistakes, in order to correct themselves and will not repeat crimes as well as then they are acceptable to be returned by the community, actively participate in the development and live a fair living as a good citizen and responsible criminal law, accordingly on law regulations act No. 12 Of 1995 about correctional regulations to regulate all rights of inmates. In the first letter k section 14 of the Act (Act No. 12 of 1995) it says "Prisoners are entitled to parole". Likewise the rights of well-behaved inmates of narcotics justice. Following the current development of narcotic crimes is a complex crime, because narcotic crimes do perpetrators can become victims at once. Best coaching for inmates returning/integrating into society and not being electrically isolated with iron rods.]]>
<![CDATA[Perbarengan Tindak Pidana Menurut Hukum Pidana Islam (Analisis Putusan Hakim Nomor 39/Pid.B/2019/Pn.Tdn) ]]>
<![CDATA[Muhammad Maulana]]>;
<![CDATA[Edi Yuhermansyah]]>;
<![CDATA[Sumita Dewi]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12877
<![CDATA[Concurrent criminal acts often occur in the community, even in the process many have been resolved in court, one of these cases is the Tanjungpandan District Court Decision Number 39/Pid.B/2019/PN.Tdn. In this decision, the perpetrator was charged with committing a crime concurrently between premeditated murder and theft in aggravating conditions. In this paper, the main issue raised is about how the judge's considerations in imposing sentences on the perpetrators and the review of Islamic criminal law against the concurrent criminal acts in the decision. This paper is presented with a literature study, with the type of normative legal research (juridical-normative). This paper concludes that the reasons and considerations of the judge in sentencing the perpetrators of the crime of premeditated murder and theft in Decision Number 39/Pid.B/2019/PN.Tdn include two criteria, namely the case of premeditated murder through Article 340 of the Criminal Code. In the review of Islamic criminal law, the concurrent crime of murder and theft is included in the theory of al-jabb, namely a punishment that can absorb other punishments, namely the death penalty.]]>
<![CDATA[Implementasi Salus Populi Suprema Lex di Tengah Karut-Marut Kebijakan PPKM di Indonesia ]]>
<![CDATA[Aini Shalihah]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12228
<![CDATA[The Covid-19 pandemic has hit Indonesia since the beginning of 2020 until now which has shattered the joints of people's lives, including the economic and other sectors. This is certainly a challenge for the government to deal with the pace of Covid-19. So far, the government has issued various regulatory policies starting from the PSBB, New Normal, Micro PPKM, Emergency PPKM, PPKM Level 1-4, and most recently PPKM Nataru. Since PPKM was enacted, it was considered a solution for the government to be able to cope with the pandemic, with the aim of people's safety being the highest law. The government considers that PPKM is a form of salus populi suprema lex. This is why the government needs to issue policies related to PPKM regulations. With the hope that all elements of society can comply with these rules in order to reduce the number of active spreads. However, with the government always revising the rules related to PPKM policies, it invites problems. This is considered by the government to be less ready to formulate regulatory policies related to PPKM. Besides the government is considered immature in making policies regarding the existence of PPKM regulations, its implementation is still chaotic and far from the principle of salus populi suprema lex expected by the government. This then needs to be discussed further in relation to the application of the principle of salus populi suprema lex amidst the chaotic PPKM policies during the pandemic. This paper aims to find out related to the implementation of the principle of salus populi suprema lex which is claimed to be the most solutive solution during a pandemic through the PPKM policy issued by the government. This study uses a normative juridical approach and empirical juridical approach and analyzed using the descriptive analysis method. The results of this study indicate that in realizing the implementation of the Salus Populi Suprema Lex in dealing with the rate of Covid-19, apart from the government being responsible for protecting the people and the important role of the community, it is also a vital element in the success of policies and regulations issued by the central/regional government related to handling Covid-19 as well as PPKM.Keywords: Implementation; Salus populi suprema lex; Politic; PPKM;]]>
<![CDATA[Penegakan Hukum Terhadap Pelaku Tindak Pidana Pengancaman Dengan Kekerasan Melalui Media Sosial ]]>
<![CDATA[Kiki Andrian]]>;
<![CDATA[Ifahda Pratama Hapsari]]>;
<![CDATA[Dodi Jaya Wardana]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.13220
<![CDATA[The mechanism in this world is accelerating, one of which is entertainment based on social media sites, here and there people get influence to cause offense problems. Virtual entertainment is a medium on the website that allows clients to talk to themselves and cooperate, collaborate, share, and talk to different clients. The law controls communication between people with the aim of preventing it from happening. What is meant by problem is the way of law enforcement against demonstrations or criminal hazards as indicated by the Criminal Code, and the second is the way to enforce the Threats Act by force in accordance with the Electronic Information Transactions Act. The exploration strategy used in this test is standardization which plans to find answers to the issues that arise in it. These checks are also subject to regulations in the guidelines and are appointed by the manufacturer. By regulation, the danger of brutality is addressed in Article 335 Paragraph (1) of the Criminal Code. The Law on Information and Electronic Transactions regulates various legal guarantees for activities that use the web as a medium, exchange and use of data. In Article 29 of Law Number 11 of 2008 concerning Threats Through Information Media and Electronic Transactions, these articles are interrelated. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Danger is a type of action that does not directly threaten or frighten someone so that it causes stress, and is awkward. savagery is that which worries something, is branded harshly.]]>
<![CDATA[Politik Hukum Pembentukan Cyber Law Undang-Undang Informasi dan Transaksi Elektronik di Indonesia ]]>
<![CDATA[Sherly Nelsa Fitri]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12719
<![CDATA[This legal research aims to find the influence of legal politics in the change of cyber law in Indonesia. This legal research is normative law research. The legal materials used are primary legal materials and secondary legal materials. That the politics of law is the basis of the state, as stated in the 1945 Constitution of the Republic of Indonesia, paragraph 4. Until now, there are two cyber laws (UU ITE) that have been and are or are still valid in Indonesia. The change of Cyberlaw (UU ITE) occurs because of the influence of political law that becomes the basic policy that determines the direction, form, and content of the law that will be formed by the needs of the state at the time of the law is in force and the politics of the interests of the government at the time the law is in force.]]>
<![CDATA[Implementasi Bank Garansi dalam Kontrak Konstruksi antara Pemerintah dan Kontraktor di Dinas Pekerjaan Umum dan Penataan Ruang Kota Bengkulu ]]>
<![CDATA[I Gusti Yesi Triastiti]]>;
<![CDATA[Candra Irawan]]>;
<![CDATA[Emelia Kontesa]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12486
<![CDATA[This research is to find out how the implementation of the Bengkulu City Public Works and Spatial Planning Service towards the Bank Guarantee in the event of a default from the service provider and legal protection for the parties in the construction contract in the event of a default the bank guarantee does not fulfill its obligations. This type of re-search is empirical research using qualitative methods. Data was collected by means of interviews and literature study of secondary data. The results of this study indicate: (1). That the Implementation of the Bengkulu City Public Works and Spatial Planning Ser-vice has the right to make a guarantee disbursement due to a default by the service provider. (2). Legal Protection for Service Providers if the bank does not disburse the guar-antee, the service provider can file a lawsuit against the bank for unlawful acts. The pro-vider also suffers a loss because the Service Provider who is in default still compensates for the loss to the Service User.]]>
<![CDATA[Kajian Hukum Pencemaran Udara DKI Jakarta ditinjau Perbandingan Hukum Lingkungan Hidup Indonesia, Malaysia, dan Singapura ]]>
<![CDATA[Wahyu Donri Tinambunan]]>;
<![CDATA[Reviansyah Erlianto]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12815
<![CDATA[The progress of science and technology in Indonesia has an impact on several acts of environmental destruction, one of which is in DKI Jakarta. The need for management and control of all actions whose implementation has an impact on the balance of nature in accordance with environmental regulations. However, in its application it is still found that the actions taken are not appropriate and do not pay attention to the impact on the balance of nature. Where the purpose of the study is to determine the role of the state in environmental protection, and to compare the actions of air pollution in terms of the laws and regulations of Indonesia, Malaysia, and Singapore. The normative legal research method collected through literature study is in the form of secondary data, and the author makes a legal comparison between Indonesia, Malaysia, and Singapore. The results obtained, that all forms of environmental management and utilization must pay attention to the impact on nature, the three countries have implemented environmental regulations that are oriented towards environmental sustainability and balance.]]>
<![CDATA[Perbandingan Sistem Pertanggungjawaban Pidana Korporasi sebelum adanya Ruu KUHP pada Ruu KUHP dan Sistem dari Negara Belanda ]]>
<![CDATA[Agung Susanto]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.12734
<![CDATA[In the new KUHP bill, we are different from the old KUHP because the old KUHP still uses the Societas delinquere non potest principle, which means that corporations (legal entities) cannot commit criminal acts and cannot be held criminally accountable either. However, along with the development of the era with the number of cases involving corporations as perpetrators of criminal acts, the Criminal Code that we currently use has been revised, with the National Criminal Code Bill. The change is located in Article 45 paragraph 1 of the Draft Criminal Code, which states that corporations are criminal subjects. This research is normative juridical research that uses a Comparative Approach and a Statute Approach. The legal materials used are primary legal materials and secondary legal materials. The results of this study are that the Draft Criminal Code and the Special Law have not regulated the criminal liability of corporations committed by the private sector. Where in the Netherlands these arrangements have been regulated in the Dutch Penal Code in Article 328ter paragraph (1) and Article 328ter paragraph (2).]]>
<![CDATA[Integrasi Sosial Masyarakat Golongan Miskin Di Perkotaan ]]>
<![CDATA[Raras Kusuma]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
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DOI: 10.22373/justisia.v7i1.11643
<![CDATA[The poor are seen as incapable and helpless people because poverty has become a culture for them. This situation is caused by structural constraints that are still shackled in the community. In the process of survival in society, each group is required to establish and develop social relationships based on the complexity of the interests of each group in order to create social integration. The condition of the poor living in urban areas is at the subsistence level and below subsistence. So that this triggers pressure that causes the poor to be in a disadvantaged position. In an effort to uphold justice to create a form of social integration in urban areas, an interconnected environment is needed. In the reality that is found, the life of the community between groups in urban areas has not yet occurred as a perfect assimilation. Imperfect assimilation results in problems that trigger inter-group conflicts, such as discrimination by various parties or groups against the poor who are powerless. This article discusses how the poor can be integrated with various aspects of life and urban groups in the existing reality.]]>
