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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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Baby Blues Syndrome as a Reason For Forgiveness in Criminal Law System For Mothers Who Abuse Their Babies After Giving Birth Hidayat, Beni; Zulfiko, Riki
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.14991

Abstract

Baby blues syndrome has recently become a hot topic and a fact that often occurs in today's society. Becoming a mother of course makes women feel amazed when they see the child they have just given birth to, so mothers often feel enthusiastic about caring for their child, but some women actually feel the opposite. This cruel act cannot be separated from the hormonal changes that occur in mothers after giving birth, medical doctors call this condition Baby Blues Syndrome. because basically Baby Blues Syndrome is not only related to hormonal changes after giving birth, but is also related to the mother's mental health, especially if the mother commits a crime, such as a mother in Jember Regency, East Java, who was determined to throw her baby into a well until it died because of frequent bullying. Based on this case, it is necessary to explore more deeply regarding baby blues syndrome as a reason for forgiveness for mothers who abuse their children after giving birth. By using a normative research approach, namely a research method on statutory regulations both from the perspective of the hierarchy of legal regulations (vertical), as well as the harmonious relationship between legal regulations (horizontal).
Analysis of the National Strategic Program in the Development of Toll Roads in Section Harbor Road II, North Jakarta: The Perspective of State Control Rights Chamidah, Umi; Roestamy, Martin
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.15021

Abstract

This research aims to analyze the role of the National Strategic Program in the development of toll roads in Section Harbour Road II, North Jakarta, focusing on the perspective of state sovereignty over land. The development of toll roads is crucial for enhancing urban connectivity and mobility. However, it raises concerns regarding national sovereignty over land and resources. Through comprehensive analysis, this research examines the implications of the National Strategic Program on state land sovereignty in the context of toll road development. The study also explores the legal framework, socio-economic impacts, and environmental considerations related to toll road projects. Furthermore, it explores strategies to mediate infrastructure development with the protection of national sovereignty and the rights of affected communities. The findings of this research provide insights for policymakers, stakeholders, and the public to navigate the complexities of toll road development within the framework of national strategic planning and state sovereignty.
Legal Review of the Criminal Act of Body Shaming on Social Media According to The New KUHP and Information and Transaction Electronic (ITE) Regulations Widia Putri; Lola Yustrisia
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.15144

Abstract

The rapid development of technology today has caused new crimes to emerge, for example the crime of insulting body shaming committed through social media such as Facebook, Twitter, Instagram, WhatsApp and so on, where body shaming has a very bad impact on victims. The formulation of the problem is to find out how the regulation of body shaming insults through social media according to the New Criminal Code and the ITE Law and to find out how law enforcement against victims of body shaming insults on social media. Using normative juridical research methods. The results of the research explain that the regulation of body shaming insults is regulated in Article 436 referring to Law Number 1 of 2023, the Criminal Code only reaches offline insult offenses and Article 27A of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE only reaches insults in the cyber world. The government should make a law by containing one article that specifically regulates the criminal offense of insulting body shaming so that the handling can be more efficient and does not cause multiple interpretations.
ANALYSIS OF THE CRIMINAL ACT OF ANIMAL ABUSE (STUDY OF DECISION NUMBER: 72/PID.C/2023/PN.PDG) Vira Dalillah; Syaiful Munandar
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Asia For Animals Coalition announced that Indonesia is the country with the highest number of animal content uploaded on social media. There is 1,626 content showing animal abuse originating from Indonesia, according to data collected from YouTube, Facebook and TikTok between July 2020 and August 2021. However, there is still a lot of similar content from locations that have not been identified. Animal Defender Indonesia noted that the high number of animal abuse videos uploaded from Indonesia was due to "legal uncertainty". Doni Hedaru Tona, Chair of the Indonesian Animal Welfare Association, said that violence and torture against animals in Indonesia has different characteristics and levels of sadism. Many perpetrators of animal cruelty do this because they are motivated by profit. The reason why so much cruelty against animals occurs is because the perpetrators lack humanity and compassion so they are willing to carry out torture. Therefore, research was conducted entitled Analysis of the Crime of Pet Abuse (Decision Study number 72/Pid.C/2023/PN.Pdg). The formulation of the problem in this research is: What are the Forms of Crime Against Pets and How is the Analysis of Decision Number 72/Pid.C/2023/PN.Pdg Regarding Pet Abuse. This research uses normative research methods. The focus of the discussion is that Indonesian law has several regulations to protect animals from cruelty, including Article 302 paragraphs 1 and 2 of the Criminal Code which can result in a maximum prison sentence of two months for the perpetrator. However, there is a problem where judges are less strict in imposing sentences on perpetrators of animal abuse, especially if the perpetrator has committed this act repeatedly against the same pet. This can open up opportunities for the perpetrator in the future to repeat the act, because there is no deterrent effect felt by the defendant. The punishment imposed should be more severe to prevent the same behavior from recurring in the future.
Abuse of Authority by the Directorate General of Taxes: State Administrative Law Perspective Fransisca, Ika; Budianto, Arief Satrya; Widjiastuti, Agustin; Tedjokusumo, Dave David
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.15497

Abstract

Abuse of authority by state officials, including Directorate General of Taxation (DGT) may potentially occur, either in the form of intentional abuse of authority or errors in the use of authority. With the authority granted by legislation, DGT performs supervisory functions that grant it the authority to conduct tax audits, expand the taxpayer base (WP), and intensify tax collection through clarification letters (SP2DK). This study analyses the forms of abuse of authority by DGT, both those involving intentional misuse of power (abuse of power) and errors in the use of authority without malicious intent and without deviating from the original purpose (misuse of authority). In the execution of its supervisory functions, DGT may commit either of these errors due to the oversight procedures that do not adequately balance the rights and obligations between DGT and taxpayers, weak oversight, and the asymmetry of tax regulation knowledge between DGT and taxpayers. This study also discusses the solutions that administrative law can offer to eliminate the abuse of authority, including implementing cooperative compliance and external supervision.
Comparative Study: The Development of Islamic Economics and Finance Industry in the UK, The United States, and Indonesia Toatubun, Maimunah; Holle, Mohammad Hanafi
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.15752

Abstract

The existence of Lariba financial institutions is the starting point for the development of Islamic Banking, Sukuk, and Takaful which are utilized by the community. Indonesia has experienced improvements in terms of Islamic banking, sukuk, and takaful. The obstacles faced are regulations that have not fully supported the implementation of Islamic values, understanding and lack of human resources. America is faced with the obstacle of the attitude of the community who still do not accept the existence of Islamic law. Lack of support from the US government and minimal infrastructure. Indonesia lacks human resources, low levels of literacy and financial inclusion make the development of Islamic economics and finance slow. However, the three countries have very large prospects and potential in the development of the Islamic economy and financial industry. The British government is serious about development by creating work programs, Islamic financial service regulations, changing tax treatment using the Islamic financial system, and providing funding assets and support for educational institutions. The US government provides freedom for the community to invest in Islamic financial institutions and also provides flexibility for the establishment of Islamic economic and financial education institutions. The Indonesian government has established a number of institutions tasked with developing Islamic economics and finance, through an Islamic banking roadmap, an Islamic banking blueprint, and the development of educational institutions that provide Islamic economics, business, and finance studies, both at Islamic and general universities.
Criminal Act of Utilization of Forest Products for Debt Payment (Review of Decision of Kendari District Court Number 495/Pid.Sus/2022/Pn Kdi.) Ramanda, Lutfhy Ramanda Ponco Wirando; Nur Kholim
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.16504

Abstract

This article examines the criminal act of utilizing forest products to pay debts, which is a form of illegal exploitation of natural resources, especially forests, with the aim of fulfilling personal or corporate financial obligations. This research is descriptive-analytical, using a juridical-normative approach method that focuses on the study of laws and regulations, namely Law Number 41 of 1999 concerning Forestry, which was amended by Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, and related criminal laws. The results of the study indicate that the criminal act of utilizing forest products to pay debts is a violation of forestry law provisions, even though it is motivated by personal economic reasons or financial needs. In this case, the theory of punishment prioritizes the objectives of rehabilitation, prevention, and deterrence for perpetrators, as well as protection of the environment and society. Although laws and regulations already exist, the main challenges in their implementation are weak law enforcement, lack of coordination between institutions, and the rampant illegal practices that are difficult to monitor. This paper recommends increased monitoring, stakeholder education and law enforcement, and the use of technology to detect forest destruction quickly and accurately.
Analysis of Court Decision Rejecting Homologation of the Settlement Proposal Approved by Creditors in the Process of Postponing Payment Obligations Gustini, Rucita; Sihotang, Sudiman; Nurwati
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.16844

Abstract

Postponement of Debt Payment Obligations (PKPU) is an important legal instrument in the Indonesian bankruptcy legal system regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU. Ideally, PKPU is designed to provide debtors with the opportunity to restructure debts and reach agreements with their creditors through a peace process, with the aim of running the business and optimal debt repayment to creditors. However, in practice, even though the majority of creditors agree to the peace proposal submitted by the debtor, the Commercial Court has the authority to reject the peace agreement or homologation based on certain legal considerations. The purpose of this study is to examine the peace process in the Postponement of Debt Payment Obligations (PKPU) between debtors and creditors, with a particular focus on the requirements and regulations required to obtain approval from the Commercial Court, as well as to examine the impact of rejecting the approval of the peace proposal that has been approved. The study uses a statutory approach and a case approach to examine aspects of the PKPU peace process. The results of the study reveal that the peace agreement by the Commercial Court does not only depend on the approval of creditors but must also comply with the conditions set. Rejection of ratification by the court can result in the debtor being declared bankrupt by law, where this causes the management of the debtor's assets to be transferred to the curator for settlement. This impact not only affects the continuity of the debtor's business but also has the potential to reduce the level of debt repayment to creditors.
Separatist Creditors' Rights In Handling Bankruptcy Assets Siregar, Dahris
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.17098

Abstract

Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) protects the rights of creditors, particularly separatist creditors. It also regulates the administration and settlement of bankruptcy assets and determines whether or not the administration and settlement of bankruptcy assets has protected separatist creditors. Normative law research is the methodology used in this study. A normative theoretical examination of the principles, rules, and procedures governing Indonesian bankruptcy law is the goal of this research. The findings of the research indicate that creditors can receive a fair distribution of assets when debts are settled through insolvency institutions. Separatist creditors can suffer losses due to not meeting the legal requirements of collateral, especially those contained in Article 59 of Law No. 2004, Paragraph I of Article 55 and Paragraphs 1 and 3 of Article 56, which regulate the postponement of execution and restrictions on the period of execution of collateral. The curator must provide the list of bankruptcy assets to the court in accordance with Law No. 37 of 2004, especially paragraph 1 of Article 55 given its connection to the Law on Guarantees, backed up by the justifications for requesting the Supervisory Judge's approval or the court designation, which has the ability to protect separatist creditors from their rights guaranteed by the Law.
Refusal of Itsbat Nikah Pleading Due to an Invalid Guardian According to Islamic Law (Determination Number 49/Pdt.P/2021/PA.Mkm) Maharani, Aisyah; Ani Yumarni; Yoelianto
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.18672

Abstract

This is written in Article 14 of the Compilation of Islamic Law that a legitimate guardian must meet certain requirements, such as a lineage guardian or a judge guardian who has the position and right to marry the prospective bride. In carrying out a marriage, marriage registration is very important to be carried out in the presence of and directly supervised by the Marriage Registrar so that a marriage certificate or book can be issued. Marriages that are carried out outside the supervision of the Marriage Registrar do not have legal force and are not recorded or are commonly called clandestine marriages. If a husband and wife who are married clandestinely want to get a marriage book, they must request a marriage ratification application to the Religious Court or commonly called Itsbat Nikah. In the Application for Determination Number 49/Pdt.P/2021/PA.Mkm. the author examines the Rejection of the Application for Itsbat Nikah due to an Invalid Guardian. In this study, the author uses the normative legal research method. The results of this study reveal that the rejection of the application for itsbat nikah by the Judge was because the marriage guardian in the applicants' marriage was the applicant's neighbor and was not a person who was legally entitled to marry, namely the lineage guardian or the judge's guardian. The legal consequence of the rejection is that the applicants' marriage becomes invalid and is automatically canceled in the context of Islamic marriage law. This is because the applicants ignored the provisions of the pillars and valid requirements of marriage, especially regarding the marriage guardian.

Page 24 of 28 | Total Record : 271

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