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INDONESIA
DE'RECHTSSTAAT
Published by Universitas Djuanda Bogor
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum. "DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.
Arjuna Subject : -
Articles 271 Documents
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ANALYSIS OF BEKASI CITY REGIONAL REGULATION NUMBER 3 OF 2023 ABOUT CHILD PROTECTION Harahap, Nur Ika Depiyanti; Djuniarsono, R.
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Psychosocial conditions in children and psychosocial goals are to restore individuals or families or groups after certain events (natural disasters or social disasters) so that they become strong individually or collectively; function optimally, have resilience in facing problems, and are empowered and productive in living life. Everyone has the right to participate in the planning, implementation and maintenance of programs providing health service assistance, including psychosocial support. This research aims to explain how important psychosocial is for children and to recover individuals or families or groups after certain events (natural disasters or social disasters). Everyone has the right to participate in the planning, implementation and maintenance of health service assistance programs, including psychosocial support. Psychosocial services are aimed at victims experiencing trauma and depression. Child protection in Bekasi City is still not running well, since the issuance of this Regional Regulation there are still many underage children who are employed or used to earn money such as busking, selling at red lights, begging. The government should put more emphasis on this regulation to make it better.
JURIDICAL ANALYSIS OF STATE SOVEREIGNTY IN THE CONTEXT OF KOLAKA INDUSTRIAL DEVELOPMENT IN SOUTHEAST SULAWESI Mufrina; Roestamy, Martin
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.15023

Abstract

Although there are clear regulations regarding state control rights, implementation in practice often faces complex challenges. The main challenges include conflicts with local communities who have traditional rights related to land and natural resources around industrial areas. This study aims to conduct a legal analysis of the implementation of state control rights in the context of industrial development in the Kolaka Industrial Area, Southeast Sulawesi. The normative research method is a review of legal regulations governing natural resource management, industrial licensing, and environmental protection. With a literature study approach to collect data from various legal sources and related literature. The results of the study show that the implementation of state control rights in practice faces complex challenges, including conflicts with local communities who have traditional rights related to land and natural resources. Community participation in the decision-making process is key to avoiding social conflict and ensuring the sustainability of industrial projects. The conclusion of this study underlines the importance of wise and transparent management by the government in implementing state control rights, so that it can integrate national, social, and environmental interests in a balanced manner in industrial development in Southeast Sulawesi.
ANALYSIS OF THE DEVELOPMENT OF THE STARGATE ASTRA INDUSTRIAL ESTATE AS A NATIONAL STRATEGIC PROJECT IN IMPROVING COMMUNITY WELFARE Yunus, Mochamad; Roestamy, Martin
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.15031

Abstract

The development of the Stargate Astra Industrial Estate (KISA) in Southeast Sulawesi has garnered significant attention as part of Indonesia's government initiative to strengthen regional economy through a national strategic project. This study aims to critically analyze the implementation of KISA while considering state sovereignty in the context of natural resource management policies and regional development. The research employs a mixed-methods approach combining qualitative and quantitative analyses to explore the economic, social, and environmental impacts, as well as the implications for community rights in KISA development. Literature review emphasizes the need for balance between economic development and environmental conservation, as well as the importance of social sustainability in industrial area development processes. The analysis findings indicate that KISA development holds substantial potential to enhance local economic growth through job creation and infrastructure improvements. However, the project implementation also presents challenges related to sustainable environmental management and inclusive social integration. Therefore, recommendations include rigorous law enforcement, active community participation in decision-making, and effective risk mitigation strategies. This study aims to provide deep insights to policymakers, developers, and communities on the importance of considering state sovereignty in every step of implementing national strategic projects like KISA. Thus, ensuring sustainable economic growth without compromising environmental sustainability and local community welfare in Southeast Sulawesi.
LEGAL REGULATIONS ON CRIMINAL ACTS AGAINST MISUSE OF AI (ARTIFICIAL INTELLIGENCE) TECHNOLOGY IN VOICE PHISHING FRAUD VIA MOBILE PHONES Alya Alviani; Yenny Fitri.Z
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.15150

Abstract

Current technological developments are entering the era of artificial intelligence or what is often referred to as artificial intelligence (AI), this AI technique refers to the simulation of human intelligence on machines that are programmed to think and imitate human actions, but this AI technology can be misused as a criminal act of voice fraud (voice phishing) via mobile phones. This study aims to examine the criminal law regulations regarding the misuse of artificial intelligence in voice phishing using mobile phones. The normative research approach, this study is based on laws and regulations and literature and emphasizes legal norms and principles. The results of this study indicate that the limitations of Law Number 1 of 2024 concerning the second amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) have not yet reached this far into criminal acts of voice fraud (voice phishing) via mobile phones and until now criminal acts of voice fraud (voice phishing) via mobile phones are still rampant. Witness and Victim Protection is all efforts made by LPSK or other institutions in accordance with laws and regulations to provide rights and assistance to victims in order to provide a sense of security. To protect the community, legal protection for victims of criminal acts can be carried out in various forms, such as providing restitution and compensation.
INDEKS INKLUSI KEUANGAN INDONESIA (ANALISIS KONTRIBUSI SEKTOR USAHA LEMBAGA KEUANGAN MIKRO) h holle, Mohammad
DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v8i1.16676

Abstract

Financial inclusion aims to provide the general public with access to a variety of financial services and products that are suited to the community's abilities and requirements, particularly for those who are unbanked. The goal of this study is to identify and examine Indonesia's financial inclusion index from the perspective of the microfinance institution business sector, as well as the obstacles, opportunities, and challenges that policymakers face in increasing the financial inclusion index, which has implications for improving people's welfare. The Indonesian financial inclusion index from the microfinance institution business sector, as well as other business sectors, were compared using the research method of literature study. The descriptive qualitative technique employs an inductive process as an analytical tool. Based on the research results, 1. Indonesia's financial inclusion index is still quite low, contributed by the microfinance institutions (MFI) sector. Community groups in Indonesia have not fully utilized official financial services, especially as the main source of cash and financing. As a result, policymakers must expand the availability of financial inclusion. In 2019, Indonesia's financial inclusion index was 76.19 percent. increase from the previous year. The banking industry contributed the most (73.88%), followed by financial institutions (14.56%), insurance (13.15%), pawnshops (12.38%), pension funds (6.18%), and the capital market (1.55%). The MFI business sector, on the other hand, contributes only 0.72 percent.This demonstrates that the MFI, which is the foundation of the community's economy, contributes the least. 2. Financial literacy accounts for only 0.85% of Indonesia's financial inclusion index, posing a challenge to efforts to increase the country's financial inclusion index. MFIs are anticipated to strengthen the economy of the community, but because they provide small-scale funding, it is critical to increase their participation. Microfinance, on the other hand, provides micro-entrepreneurs, low-income organizations, and needy households with loans, deposits, money transfers, insurance, and payments.
IMPLEMENTATION OF THE PRINCIPLES OF SIMPLE, FAST, AND LOW-COST JUSTICE IN THE ELECTRONIC JUSTICE SYSTEM: NORMATIVE STUDY OF THE EFFECTIVENESS OF INFORMATION TECHNOLOGY IN THE JUDICIAL PROCESS Pakaya, Renly Aprilia
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

This study aims to analyze the implementation of the principle of simple, fast, and low-cost justice through the implementation of the Electronic Justice System (e-Justice) in Indonesia, as well as the effectiveness of information technology in supporting a modern justice system. The research method used is a normative approach by examining various laws and regulations, such as Law Number 48 of 2009 concerning Judicial Power and Law Number 27 of 2022 concerning Personal Data Protection. The results of the study show that e-Justice has increased the efficiency of the judicial process through the digitization of case administration, accelerating legal procedures, and reducing costs that previously burdened the community. This system also expands public access to judicial services, especially for those in remote areas. However, its implementation still faces challenges such as limited technological infrastructure, low digital literacy among the community, and potential threats to data security and privacy. The conclusion of this study is that e-Justice is a progressive step in Indonesian judicial reform to realize the principle of simple, fast, and low-cost justice. However, further efforts are needed in equalizing infrastructure, digital literacy training, and improving cybersecurity systems to support more effective and inclusive implementation. With these steps, e-Justice can become a strategic tool to improve the quality of judicial services and substantive justice for all levels of society.
THE CRIMINAL ACT OF IMPORTING GOODS IN A NOT NEW CONDITION IS LINKED TO THE THE CRIMINAL ACT OF IMPORTING GOODS IN A NOT NEW CONDITION IS LINKED TO THE DECISION OF THE NUNUKAN DISTRICT COURT NUMBER 332/PID.SUS/2022/PN.NNK Nazhara, Shafira Nazhara Saefuloh; Kholim, Nur
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

This research was grounded by the discovery that the crime of importing goods that were not new was connected to the decision of the Nunukan District Court Number 332/PID.SUS/2022/PN NNK in Nunukan. Trade in imported second-hand goods where import and trade activities are prohibited by statutory regulations. Aim of this research is to answer how does the law enforcement conducted by the trade and industry agency District of Nunukan to the existence of import used secondhanding trade and problems in overcoming them. The approach method used in this research is juridical sociology and data analysis technique is descriptive qualitative. Results of the research indicate that the law enforcement conducted District of Nunukan doesn’t go optimally. This is because District of Nunukan haven’t supervised the trade of import used secondhanding so that there are many merchants who sell the import used secondhanding. Beside the agency haven’t socialized the danger of the import used secondhanding to the healt of human. Problem faced by the agency consist of internal and external problems. The internal problems of the limited human resources and infrastructure, the external problems of the less of awareness of merchants and consumer to obey a rule or legislation.
OPTIMIZATION OF THE IMPLEMENTATION OF MANDATORY HOUSING SAVINGS TO PROVIDE AFFORDABLE HOUSING FOR INDONESIAN NATIONAL ARMY SOLDIERS Rambe, Muntara; Yazdi Martin, Abraham; Sihotang, Sudiman
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

In order to meet the housing needs of soldiers, the TNI collaborates with the State Savings Bank (BTN) regarding the management of self-managed housing mortgages. For this KPR scheme, BTN allocates distribution realization of around 7,000-8,500 units per year, and BTN allocates distribution realization between 1,500-3,000 units per year for the TWP AD KPR program. On the one hand, this program is a solution to meeting housing needs for TNI soldiers, but on the other hand it creates new problems for TNI soldiers who have to support their families' needs. The aim of this research is to optimize the form of implementing mandatory housing savings to provide affordable housing for Indonesian National Army Soldiers. This research is used the juridical-normative approach or statutory approach, data analysis is carried out qualitatively, namely by explaining the relationship between legal facts and legal rules contained in statutory regulations. The results of the research show that the mandatory housing savings program is not optimal for providing affordable housing for TNI soldiers and can be optimized by increasing the salaries of TNI soldiers, building flats on land belonging to TNI knights, the one who builds flats for the TNI is the TNI itself, namely Zeni, the highest leader. The TNI needs to negotiate with the DPR-RI to obtain land from the government in order to obtain land allocation from the government for the purpose of building houses for soldiers.
LEGAL CONSEQUENCES OF USING SIJUKKOT PLANTS AS TRADITIONAL MEDICINE TO TREAT VARIOUS DISEASES USED BY THE SABULAN VILLAGE COMMUNITY AS TRADITIONAL KNOWLEDGE Pandiangan, Tawarika M
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Sijukkot plant (in Latin: Lactuca Indica L) is a plant that is believed to have many properties in curing various diseases. This plant is not widely known, both from the name, morphology to the content of its properties that are beneficial for health. The phenomenon that occurred in Sabulan Village is that the people of Sabulan Village also do not know the existence of the importance of protecting traditional knowledge owned by the community is part of the protection of Intellectual Property Rights. Qualitative research methods with a descriptive approach through observation and interviews were carried out for this study with thematic data analysis techniques. This study aims to determine how the community processes the sijukkot plant into traditional medicine that is beneficial for health and how the community's knowledge and understanding of traditional knowledge that has been used is part of Intellectual Property Rights. The results show that many people do not know from the aspects of the name of the plant, the morphology of the sijukkot plant to its properties, so that the impact that occurs is that the community cuts down or throws away this plant to utilize the original area of ​​the plant into a place that according to the Village community is more profitable. It is very unfortunate, if the community has the knowledge plus is supported by the government to process the plant into a traditional medicine that is beneficial and has economic value, it will greatly help the welfare of the Village community.
TRAFFIC POLICE OPTIMIZATION IN ENFORCING TRAFFIC VIOLATIONS IN THE JURISDICTION OF BOGOR CITY POLICE Teguh Permana , Muhammad; Nurwati; Ilyanawati, R. Yuniar Anisa
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Many motorcyclists are aware of the safety riding program that is often published by various parties, especially the traffic police. However, it seems that the introduction and campaign of the safety riding concept alone is not enough to explain to motor vehicle drivers about road safety. Minor to major violations are still often found. Research methods are needed to collect a number of materials used to answer the legal analysis. Starting from the problem, the research method used is the normative legal research method, namely the law is conceptualized as norms, rules, principles or dogmas. The Traffic Police (Polantas) is responsible for traffic regulations on the highway, this unit assists other elements in the police to handle violations of the law on the highway. For this reason, there are four steps that are the main characteristics of the Polantas task, namely traffic law enforcement (both preventive and repressive), public education about traffic, traffic engineering, and registration and identification of drivers and motor vehicles. In addition, Polantas serves the community in managing STNK, SIM, and helping with traffic accidents.

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