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INDONESIA
Jurnal Penelitian Hukum Legalitas
Published by Universitas Jayabaya
ISSN : 14118564     EISSN : 25025511     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penelitian Hukum Legalitas (JPHL) is published duo-annually in May and November, and aimed to provide research articles in order to have a significant implication to the world of law. Jurnal Penelitian Hukum Legalitas (JPHL) provides cutting-edge and comprehensive analysis of gap between theory and practice as well as the significant implications of the legal world. The scope of this journal has become essential for criminal law, civil, constitutional and international law. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of Law studies.
Arjuna Subject : -
Articles 4 Documents
 1 
Search results for , issue "Vol 15, No 2 (2021)" : 4 Documents clear
Kewenangan Kementerian Dalam Negeri Dalam Pembubaran Organisasi Kemasyarakatan Dengan Berlakunya UndangUndang Nomor 16 Tahun 2017 Detri Nita Sari; Agung Makbul
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.213

Abstract

The pros and cons of the dissolution of civil society organizations have been an ongoing issue since the emergence of Law Number 16 of 2017 concerning Social Organizations, where there was a debate about how these Community Organizations should be dissolved. The approach method used in this research is the method of juridical analysis approach. The research specifications used in this research are descriptive-analytical. Legal data materials obtained from both the literature and field research were analyzed qualitatively, namely the data analysis method by conducting a selection of the data obtained based on their quality and truth and those related to the problems to be discussed. Based on the results of the study, it was found that the authority of the Ministry of Home Affairs in the mechanism for dissolution of community organizations in Indonesia is based on Law Number 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Community Organizations into Law, Article 62 which explains that for Community Organizations committing violations given a written warning once within seven working days from the date the warning was issued. In the event that the Community Organizations does not comply with the written warning within a predetermined period of time, the Minister who carries out government affairs in the fields of law and human rights in accordance with his authority shall impose sanctions on the termination of activities
Deradikalisasi Penanganan Terorisme Secara Terintegrasi Di Indonesia Mohamad Ismed
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.222

Abstract

The deradicalization program is a program mandated by Law Number 5 of 2018 which is carried out in coordination with government institutions or institutions with targets being carried out on suspects, defendants, convicts, prisoners, ex-terrorism convicts, and people or groups who have been exposed to radical terrorism. The normative legal research method in this research used a methodological approach that is applied, namely the legal approach, conceptual approach, historical approach, and philosophical approach. Based on the results of this research that the application of the concept of deradicalization to perpe[1]trators of criminal acts of terrorism in Indonesia since the issuance of Presidential Decree number 46 of 2010 concerning the National Agency for Combating Criminal Acts of Ter[1]rorism has been running but in the implementation of the deradicalization program it has not touched the substance of the root of the problem, namely efforts to stem the rate of rad[1]icalism. Deradicalization model that prioritizes reintegration such as counter terrorism, preventing radicalism, understanding comparisons, avoiding hate provocations, hostility in the name of religion, preventing people from being indoctrinated, and community par[1]ticipation rejecting terrorism.
Paradoks Penyidik Pegawai Negeri Sipil Dalam Sistem Peradilan Pidana Indonesia Basuki Basuki; Muhammad Mustofa; Ramlani Lina Sinaulan
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.233

Abstract

Problems deviation between the expected role and should by Civil Servant Investigators (investigators) are overlapping in charge. It is essentially a paradox. This study uses a normative law research. To obtain accurate data, researchers used the literature study technique, which consists of primary, secondary, and tertiary legal materials. Data obtained from the results of library research will be analyzed qualitatively with descriptive methods. From the research results obtained, firstly in carrying out an investigation, PPNS must follow the applicable legal norms because it is a reflection of legal certainty as well as the obligation to coordinate with the Supervisory Coordinator as a requirement for the application of the principle of legality in all its forms (due process of law), namely that all government actions must based on legal and written laws and regulations. Second, certain Civil Servants who are given the authority by law to carry out investigations in accordance with the laws which are their respective legal bases are subordination of the executive branch not included in the Indonesian Criminal Justice System, therefore the Criminal Procedure Code strictly regulates that the PPNS relationship is under coordination. and supervision of police investigators.
Proses Eksekusi Putusan Pengadilan Berkaitan Kewenangan Penyadapan Oleh Kejaksaan Republik Indonesia Hendra Dinatha
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.240

Abstract

The pros and cons of the dissolution of civil society organizations have been an ongoing issue since the emergence of Law Number 16 of 2017 concerning Social Organizations, where there was a debate about how these Community Organizations should be dissolved. The approach method used in this research is the method of juridical analysis approach. With the research specifications used in this research is descriptive analytical. Legal data materials obtained from both the literature and field research were analyzed qualitatively, namely the data analysis method by conducting a selection of the data obtained based on their quality and truth and those related to the problems to be discussed. Based on the results of the study, it was found that the authority of the Ministry of Home Affairs in the mechanism for dissolution of communityt organizations in Indonesia is based on Law Number 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Community Organizations into Law, Article 62 which explains that for Community Or[1]ganizations committing violations given a written warning once within seven working days from the date the warning was issued. In the event that the Community Organizations does not comply with the written warning within a predetermined period of time, the Minister who carries out government affairs in the fields of law and human rights in accordance with his authority shall impose sanctions on the termination of activities.

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