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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 514 Documents
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PENINGKATAN SUMBER DAYA MANUSIA POLRI SEBAGAI KUNCI KEBERHASILAN RESTORATIVE JUSTICE Ardiansyah, Deni; Noor, Marzuki
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1371

Abstract

This study examines the application of the concept of restorative justice in the Indonesian criminal justice system, particularly in the context of the Draft Criminal Code (RUU KUHP). The purpose of this research is to analyze the challenges and potential of implementing the principles of restorative justice in the criminal law process in Indonesia, as well as to provide recommendations for its application. The method used is a descriptive qualitative approach combined with normative legal analysis, involving the analysis of legal documents and empirical data collection through interviews and documentation studies. The findings of the study indicate that although this concept holds great potential for creating more humane justice, its implementation is still hindered by public perception, lack of competency among law enforcement officers, and regulatory ambiguity. This study recommends enhancing the mediation competencies of law enforcement officers, as well as the need for clearer regulations regarding the application of restorative justice. Furthermore, public awareness and support are crucial for the successful implementation of this approach in resolving criminal cases.
POLRI SEBAGAI GARDA TERDEPAN DALAM PENEGAKAN HUKUM KORUPSI DIGITAL DI ERA TRANSFORMASI TEKNOLOGI Afriansyah, Donal; Torrido, Aryan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1372

Abstract

Law continues to develop along with advances in information technology, influencing communication patterns and various aspects of people's lives. Although technology offers many solutions, it also presents challenges, especially in eradicating corruption, which increasingly involves digital data. Cyber ​​security is very important in protecting data, especially those related to corruption crimes. In the digital era, corruption crimes are increasingly difficult to detect and uncover because perpetrators often use technology to evade law enforcement. Therefore, an effective approach is needed to ensure that perpetrators are arrested and prosecuted in accordance with applicable law. This research aims to analyze human resource management in the police environment as a strategy to overcome these challenges by improving human resource performance through a qualitative approach, where this type of research emphasizes processes and meanings that are not tested or measured precisely. This research uses a method where the materials studied in normative legal research are library materials or secondary data. Library materials consist of primary sources and secondary sources. Primary sources include: literature books, research reports, magazines, theses, dissertations, and patents. Meanwhile, secondary sources include: abstracts, indexes, bibliographies, government publications and other reference materials. with data in the form of descriptive data. To mitigate the negative impacts of digital technology, adequate awareness and understanding of the wise and safe use of technology is very important. Education and increasing awareness regarding the risks of digital technology is very important, both for individuals and society as a whole. The National Police of the Republic of Indonesia (Polri) has a major responsibility in enforcing the law against technology-related crimes, such as cybercrime, online fraud, dissemination of illegal content, and copyright violations. By strengthening existing regulations and increasing the capacity of the National Police in investigating and taking action Digital crime is expected to reduce corruption cases that utilize information and communication technology. Digital corruption is a big challenge in this digital era, which requires continuous efforts to deal with it.
OPTIMALISASI PENINGKATAN SUMBER DAYA MANUSIA PENEGAK HUKUM DALAM IMPLEMENTASI TILANG ELEKTRONIK Setiawan, Edi; Jauhari, Tontowi
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1373

Abstract

The use of motorized vehicles in daily life can have a negative impact, namely traffic jams and accidents originating from traffic violations, thus requiring law enforcement efforts. This research aims to find out, analyze and criticize law enforcement regarding traffic violations. This research aims to explore the importance of improving human resources (HR) of the Indonesian National Police (Polri) in implementing electronic traffic fines as an effort to enforce the law against traffic violations. Traffic violations are a common problem in big cities, often caused by the increasing number of motorized vehicles. Electronic fine enforcement, or Electronic Traffic Law Enforcement (ETLE), utilizes technology such as CCTV cameras to detect violations and increase the transparency and efficiency of the legal process. This research uses an empirical juridical type, namely an approach that aims to examine the extent to which law is implemented and functions in society. which in this research is research that uses literature, which involves collecting data through book review literature, journals and official documents. The data collected aims to analyze the relevance of law enforcement theory and practice in the context of electronic fines. The research results show that electronic fines support more modern and efficient law enforcement while helping to improve road safety and order. However, the success of implementing ETLE is very dependent on the competence of Polri's human resources. Therefore, improving the quality and capacity of Polri's human resources is very important to ensure the sustainability of digital transformation in traffic law enforcement.
DAMPAK ADVISORY OPINION INTERNATIONAL COURT OF JUSTICE TERHADAP DINAMIKA KONFLIK BERSENJATA ISRAEL DAN PALESTINA Surachman, Vitriyah Arafah; Susanti, Rahtami
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1396

Abstract

The reaserch aims to analyze the legal considerations and the impact of advisory opinions issued by the International Court of Justice (ICJ) on the dynamics of the armed conflict between Israel and Palestine. The background of the conflict stems from the history of illegal occupation and human rights violations by Israel against Palestine which attracted international attention. This research uses a normative legal approach with historical and case methods to examine the implementation of international law related to the research. The research specification uses descriptive analytical with data collection techniques used, namely the literature study method. The results of the analysis show that the ICJ Advisory opinion is normatively non-binding, but has a significant impact in three main aspects. The political aspect, strengthening the Palestinian position in international forums and increasing political pressure from countries to Israel. The moral aspect, strengthening international support for Palestine to encourage a two-state solution. The legal aspect, emphasizing Israel's violations of international law, including the right to self-determination and urging an immediate end to the occupation and illegal practices. The implementation of the Advisory opinion ICJ has major challenges, mainly due to Israeli resistance and the lack of effective enforcement mechanisms. The study underscores the importance of the ICJ's role in implementing a more effective rule of international law and the strategic steps needed to realize a two-state solution.
IMPLEMENTASI UPAYA HUKUM DALAM PENCEGAHAN KEKERASAN SEKSUAL PADA ANAK Stefani, Inggrid; PA, Barata Putra; Tualangi, Louis Hebron; Hafizhah, Annisa; Rohan, Rosmalinda
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1399

Abstract

The purpose of this research is to find out what efforts are being made by the government to prevent sexual violence against children, understand the existence of legal protection and know what roles can be played by parents and the environment. This study uses normative legal research methods using legal, conceptual and analytical approaches. Documentary research techniques are used in legal material collection techniques, while qualitative analysis methods are used in research analysis methods. The results of this study indicate that the government's role in preventing sexual violence against children is by imposing strict sanctions and giving appropriate punishments, creating a fan base, conducting cyber patrols and combating pornographic content in cyberspace. Regarding the existence of legal protection carried out by the government, namely in law no. 23 In 2002, regarding child protection, the government took steps to implement the TPKS Law and Law no. 39/1999 on human rights. Sex education can be carried out in the role of parents and the environment, while other efforts are made by the Indonesian government, namely the Indonesian government in collaboration with the Ending Child Sexual Exploitation (ECPAT) program in decision-making and solving cases of commercial sexual exploitation of children (ESKA).
MEDIASI DALAM SENGKETA KETENAGAKERJAAN: STUDI KASUS PT. FREEPORT INDONESIA Okprianti, Reny; Emilson, Nur Husni; Purwasi, Oktariani; Widiyanti, Nabila Okta
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1400

Abstract

Labor disputes at PT Freeport Indonesia have become a major problem for industrial relations in the mining sector, especially those related to termination of employment and demands for workers' rights. This study investigates how effective mediation is as an alternative dispute resolution (ALSR) at PT Freeport, Indonesia. According to Article 1 number 10 and Article 6 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, mediation is considered a fast and effective method of dispute resolution. This study uses a qualitative methodology, using case studies and data from trusted legal journals and official reports, and finds that mediation at PT Freeport has succeeded in protecting workers' rights while avoiding litigation processes that can worsen employment relations. This study supports mediation as an effective and fair way to resolve labor disputes in the mining sector.
PERAN DAN IMPLIKASI KAPSEL DALAM PENEGAKAN HUKUM PIDANA Okprianti, Reny; Emilson, Nur Husni; Ramadhania, Nailah; Nadira, Saffana; Anggraini, Adelia Oktarina; Freza, Windri
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1401

Abstract

This paper discusses the role and implications of implementing the capsule concept in criminal law enforcement in Indonesia. Capsule is a legal approach that provides flexibility in the application of criminal sanctions, with the aim of accommodating the principle of substantive justice by considering the specific conditions of each case that occurs. This approach provides an opportunity for law enforcement officers to consider mitigating factors, such as age, psychological condition, socio-economic background, and the motivation of the perpetrator, to ensure that the punishment imposed not only fulfills the retributive aspect but also reflects rehabilitative and preventive values. In its implementation, capsules contribute to reducing the density of correctional institutions, increasing the effectiveness of perpetrator rehabilitation, and strengthening public trust in the existing criminal law system. This approach also supports legal reform that is more adaptive and responsive to ongoing social dynamics. However, its implementation faces challenges, especially in terms of regulations that are still not specific and resistance from some people who still view severe punishment as the main form of justice. Thus, capsules play an important role in creating a balance between law enforcement and human rights protection, as well as encouraging a more humane renewal of the justice system.
ANALISIS YURIDIS GUGATAN ANAK TERHADAP ORANG TUA Rahayu, Titin Puji; Hidayah, Astika Nurul
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1409

Abstract

The cases filed by children against their parents in court reflect the mismatch between social practices and the applicable legal norms, especially in the context of Law No. 1/1974 regarding Marriage. In Islamic law, children have an absolute obligation to respect and be dedicated to their parents, as regulated in QS Al-Isra verses 23-24. However, in practice, lack of communication and changing social values often create conflicts between children and parents. This research uses normative legal method with statute approach and case approach to analyze legal protection for parents and the effectiveness of the mediation method in cases of children’s lawsuits against parents in court. The research specification uses descriptive analysis. The data collection method in this research uses the library research method. The results of the analysis show that in Indonesia there was no specific regulation that would protect parents, especially in legal cases where parents are sue by their children. This shows that there is a gap in the legal system that protects the position of parents when they are harmed by a lawsuit filed by a child. Therefore, clear regulations are needed to protect the rights of parents and ensure fairness and balance in these situations.
TERDAFTAR SEBAGAI PENDUDUK DAN BERTEMPAT TINGGAL BAGI CALON KEPALA DESA Setiadi, Tedy; Rusdianto; Pramudya, Rorry; Hartono; Setiawan, M. Budhi
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1425

Abstract

The Constitutional Court, in Decision No. 65/PUU-XXI/2023, has regulated the conduct of campaigns in educational institutions. This research aims to analyze the Ratio Decidendi of the Constitutional Court Decision No. 65/PUU-XXI/2023. The research method used is normative research with a qualitative approach, utilizing legislative and case approaches. In its decision, the Constitutional Court deemed that the absolute prohibition of educational institutions as campaign venues contradicts Article 28E paragraph (3) of the 1945 Undang-Undang Dasar of the Republic of Indonesia concerning the freedom of association, assembly, and expression of opinion. The analysis results indicate that this decision represents a significant breakthrough in upholding the constitutional rights of citizens to express opinions publicly. However, the absence of more detailed and operational norms in this Constitutional Court decision may lead to various interpretations and different understandings among the public, as the decision does not provide clear boundaries and criteria on the forms of campaign activities allowed or prohibited in educational environments. To effectively implement this decision, it is hoped that the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) will formulate strong oversight and law enforcement mechanisms, as well as swift corrective actions for violations to ensure fair and orderly campaign practices.
ANALISIS PERBUATAN YANG DAPAT DIKENAKAN SINGER MENURUT HUKUM ADAT KALIMANTAN TENGAH DALAM PERSPEKTIF HUKUM PERDATA Putri, Yoke Shintia; Joni; Tasrifinoor
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1426

Abstract

The customary law still in effect in Central Kalimantan, particularly among the Dayak Ngaju tribe, serves as a means of social control and governance. This study employs normative legal research methods and qualitative research types with a statutory approach. In Dayak Ngaju customary law, "Singer" refers to a sanction in the form of a fine. Established in 1984 during the great Tumbang Anoi meeting, the Singer was intended to put an end to hostile traditions between Dayak sub-tribes, such as headhunting and slavery. The fine acts as a form of atonement to avoid divine retribution and the wrath of nature's guardians. The primary objective of Singer is to deter individuals, making them aware of their wrongdoing and preventing recurrence. Offenses subject to customary sanctions include environmental destruction, violations of social norms, criminal acts, infringements on customary rights, and disobedience to customary law. Customary fines may consist of goods, animals, or money, often accompanied by rituals to restore communal balance. For legal certainty, the regulation of the execution of Dayak customary court decisions should be codified into clear written law, specifying the authorities responsible for enforcement and penalties for those who fail to pay the Singer.

Page 33 of 52 | Total Record : 514

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