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Nurani Hukum : Jurnal Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 26557169     EISSN : 26560801     DOI : http://dx.doi.org/10.51825/nhk
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. Nurani Hukum: Jurnal Ilmu Hukum is published by Faculty of Law, University of Sultan Ageng Tirtayasa in Collaboration with Pusat Kajian Konstitusi Perundang-Undangan dan Pemerintahan (PKKPUP). periodically published in December and June and the approved and ready to publish in the website and hardcopy version will be circulated at every period. Therefore, all articles published by Nurani Hukum: Jurnal Ilmu Hukum will have unique DOI number. In 2021, the Nurani Hukum requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 111 Documents
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Should the JCPOA be Revived? An Analysis of the Iran Nuclear Deal Yordan Gunawan; Aisyah Ajeng Putri Riyanto; Wandita Surya Putri; Cyabriena Asela; Dwilani Irrynta
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.16776

Abstract

The Joint Comprehensive Plan of Action (JCPOA) is referred to as one the peaceful settlement of the international dispute in the form of a multilateral agreement restricting Iran's nuclear development in exchange for the lifting of economic sanctions. However, some issues have emerged since the agreement entered into effect. The United States withdrew from the agreement and reimposed the economic sanctions against Iran, consequently affecting Iran’s commitment to its nuclear obligations. State Parties' initiative to reinstate the agreement in its original form is invalid under international law since the issue is Iran and the United States' actions. In this research, the authors examined the termination and establishment of a new agreement as a strategy to overcome existing issues. The research methodology combines qualitative research with normative legal research. The results showed that the JCPOA is a "treaty of contract" agreement that binds only the State Parties and must be terminated because the unilateral United States withdrawal and Iran's loosening of compliance obligations effected the agreement to run out of control, preventing it from achieving its targeted purpose. After the agreement is terminated, a new agreement on Iran's nuclear program should establish in accordance with international law. 
Distance Education and Learning (DEL) in The Master of Law Program in Facing Challenges in The Era of Disruption Sri Wahyu Kridasakti; Purwaningdyah Murti Wahyuni; Megafury Apriandini; Nadia Nurani Isfarin; Madiha Dzakiyyah Chairunnisa
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.17224

Abstract

Facing the Industrial Revolution 4.0/5.0 the development of information and communication based on the internet and digital encourages people's lives more advanced and various functions of life are more effective and efficient, the use of internet and digital media makes the boundaries that can hinder movement and distance can be removed and bring the world closer to unlimited reach. In the development of Education, it is also encouraged to be able to adapt by leaving the conventional education system to a system based on distance education and learning/DEL, in distance education and learning/DEL the education system will be carried out openly and remotely which will eliminate distance and restrictions for someone in the learning and teaching process, therefore education will be faster, efficient, precise and low cost. This research is legal research with normative juridical approach, the data used are primary data and secondary data are analyzed using quantitative analysis. The first result: the use of distance education and learning/DEL is a form of educational transformation in the face of the era of disruption, where the education system is carried out remotely using the help of instruction technology based on transformation, research, assessment, evaluation and memory subsystem with the help of internet technology. Second: distance education and learning/DEL is able to be a solution for geographical and topographical problems in Indonesia, so that anyone can achieve a master of law with the help of distance education and learning/DEL technology.
Implementation of State Theory of Law in The Country Based on Pancasila Faridy Faridy; Mushafi Miftah
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.16955

Abstract

This article discusses the concept of the rule of law in the Pancasila State. In the rule of law theory, law has a very high position. It is above all. Indonesia as a state of law, as stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (3), has an obligation to carry out its state functions so that it is always based on applicable legal norms. Basing on this legal norm is a form of actualization of the values of Pancasila which are the ideals of national law. In the fifth precept, it is stated that justice is intended for the benefit of all levels of society regardless of social classes, so that law enforcement in Indonesia cannot be selective but must adhere to the principle of equality before the law.
The Alignment of Indonesian Laws with International Legal Instruments on the Rights of Persons with Disabilities Nurlaily Nurlaily; Ramadani Fitri Sihombing; Rina Shahriyani Shahrullah
Nurani Hukum Vol. 5 No. 2 December 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i2.17501

Abstract

Indonesia promulgated Law No. 8 of 2016 concerning Persons with Disabilities and established the National Action Plan on Human Rights (RANHAM) and Persons with Disabilities (RANPD). At international level, Indonesia ratified the Convention on the Rights of Persons with Disabilities through Law No. 19 of 2011 and it is also committed to achieve Sustainable Development Goals by 2030. The commitment is realized by the National Action Plan for SDGs which also focuses on persons with disabilities. This study aims to analyze the national legal instruments including the national action plans to ascertain their alignments and compliances with the international legal instruments. This study adopts a normative law research by using secondary data which is analyzed based on the content analysis. It finds that all national legal instruments align and comply with the obligations to respect, protect, and fulfill the rights of persons with disabilities mandated by the international legal instruments. Yet, it is unfortunate that the Optional Protocol to the Convention on the Rights of Persons with Disabilities has not been ratified by Indonesia even though it is a significant legal instrument to strengthen the implementation and monitoring of the CPRD.
Analyzing Regional Legal Measures for Subsidizing Restrictions on Community Activities (PPKM) during the Covid-19 Pandemic: A Study of State Administrative Law in Java and Bali Regions Arifianto, Rizky; Sjarif, Fitriani Ahlan
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19551

Abstract

In recent years, Indonesia and the world have faced an unprecedented non-natural disaster, namely the Covid-19 Virus, which has severely impacted the economies of almost all countries. In response, Indonesia has implemented various legal instruments, including legislation and policy regulations, to address the crisis. One of the controversial legal instruments in Indonesia is the Minister of Home Affairs' Instruction Number 15 of 2021, which pertains to the enforcement of restrictions on community activities in Java and Bali due to the Covid-19 pandemic. This paper examines the implementation of this instruction by the regions of Java and Bali, focusing on the policy regulations issued in response. The research methodology employed in this study is normative juridical research (Legal Research). The findings reveal that policy regulations are distinct from legislation and that the regions, including DKI Jakarta Province, Banten Province, Central Java Province, West Java Province, East Java Province, and Bali Province, have issued various legal instruments to comply with the Minister of Home Affairs' instruction. However, both the central and regional governments must ensure that these legal instruments meet the requirements stipulated in the applicable laws and regulations. As Indonesia is a legal state, it is crucial for government officials to base their actions on the principles of the law.
From Athens to Vilnius with A Near-Fatal Detour to Minsk? The Issue of Demarcation Between Civil and State Aircraft Török, Csaba
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19550

Abstract

On 23 May 2021, the Belarusian authorities forced a Ryanair flight from Athens to Vilnius to land in Minsk, citing a bomb threat that turned out to be a false alarm. The aircraft was carrying 123 passengers, fortunately none of them were injured in the incident, but one person - a journalist - who had been declared an extremist and persecuted by the Belarusian Government, was immediately detained by the Minsk authorities following the emergency landing. The purpose of this paper is to present the relevant regulatory environment governing the case and, as far as possible, to assess Belarusian behavior in the light of the regulation. However, during the discussion, I will not attempt to judge the case, but rather to highlight the dilemmas surrounding it and similar events like 9/11, such as the problem of the demarcation between civil and state aircraft, the use of weapons against aircraft, the self-defense of states, or the conflict between the human rights of those on board and those on the ground (mainly in the light of the Chicago Convention, the so called San Remo Manual on International Law Applicable to Armed Conflicts at Sea, and the United Nations Charter). „There are only two emotions on a plane: boredom and terror.” (Orson Welles)
The Principle of Legal Protection in the Provision of Emergency Contraception Services for Rape Victims under Law 36 of 2009 on Health Fitrianti, Mia Yulia; Fakhriah, Efa Laela; Handayani, Tri
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.17769

Abstract

Rape, a violent act involving coerced sexual intercourse, necessitates the provision of emergency contraception services to prevent unwanted pregnancies. Competent and authorized healthcare professionals are responsible for delivering these services, which are governed by government regulations in accordance with the health law. Thus, the author explores the legal protection that emergency contraception services offer to both rape victims and healthcare providers, highlighting the underlying principles of this implementation. This research employs a descriptive analysis using a normative juridical approach. Findings indicate several barriers to service provision, including limited doctor knowledge, inadequate standard operating procedures, and exclusion from the hospital's essential medicine formulary. Emergency contraception services are legally regulated as part of the Health Law, as they fulfill the legal needs of rape victims, surpassing the hierarchy of Government Regulations. By preventing unwanted pregnancies without the need for complicated procedures like abortion, emergency contraception services significantly enhance the protection of rape victims and healthcare workers. However, the current regulations lack provisions mandating the provision of information and emergency contraception services to rape victims by healthcare providers. Consequently, not all healthcare workers are willing to offer these services due to the absence of legal obligations. To ensure the availability of emergency contraception services, legislative changes should be made by introducing new articles into the health law, explicitly stating the obligation of healthcare providers to offer emergency contraception services to rape victims.
Editorial Remark Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protection Sitamala, Afandi
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.20885

Abstract

Journal Nurani Hukum: Journal of Legal Studies, also known as Nurani Hukum, is a peer-reviewed journal focused on legal studies. The journal aims to publish high-quality research across various areas of legal scholarship, including but not limited to law and history, legal philosophy, sociology of law, socio-legal studies, international law, environmental law, criminal law, private law, Islamic law, agrarian law, administrative law, criminal procedural law, commercial law, constitutional law, human rights law, civil procedural law, and adat law. Published by the Faculty of Law, Universitas Sultan Ageng Tirtayasa in collaboration with the Asosiasi Pengelola Jurnal Hukum Indonesia (APJHI), the journal is released biannually in June and December. Each issue is made available on the website and further distributed in hardcopy format.The current edition, Volume VI Issue 1, June 2023, covers a wide range of legal and scientific fields, including civil, criminal, constitutional, and international law. The publication of this journal is a result of the collective efforts of many individuals. We extend our gratitude to all the peer reviewers and members of the editorial board who have dedicated their time and energy to ensure the successful publication of the Journal Nurani Hukum: Journal of Legal Studies. We hope that the articles presented in this journal will serve as a valuable and enlightening resource for all readers
Emerging Legal Response to Gender-Based Domestic Violence in Bangladesh: Analyzing the Scope and Limitations of Indigenous Legal Regime in light of International Treaties Suvra, Anika Nower
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19761

Abstract

Gender-based domestic violence is a concerning global issue, causing significant physical and psychological harm to individuals. Family violence is increasingly recognized not only as a human rights concern but also as a matter of public welfare. Unfortunately, Bangladesh, being one of the world's poorest countries, experiences a high prevalence of domestic violence cases. While Bangladesh has been acknowledged by international frameworks like the UDHR, ICCPR, ICESCR, CEDAW, and DEVAW for protecting individuals, particularly women, from gender-based domestic violence, the implementation of these protections remains questionable. Although Bangladesh has enacted specific legislation to address domestic violence, there is a need to assess its effectiveness in safeguarding the rights of all victims, regardless of gender. This article aims to analyze the scope and limitations of the law in protecting individuals from domestic violence and ensuring their rights. Bangladesh faces challenges in ensuring gender-based rights, as domestic violence incidents involving men, children, and transgender individuals often go unreported. Through this research paper, the author focuses on the objectives of regulations, the enforcement of legal requirements, and the existing limitations within the law to prevent domestic violence and ensure justice for all affected individuals.
Overcoming Global Issues on Gender-Biased in Adjudication Process: The Role of Companions for Rape Victims Putri, Ria Wierma; Laila, Siti Noor; Putri, Yunita Maya; Sabatira, Febryani
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19613

Abstract

This study aims to determine the extent of state protection towards rape victims in the litigation process under existing laws. However, the phenomenon of gender bias by the surrounding society and law enforcers mostly leads to victim-blaming, which prevents them from reporting the case. Moreover, the study argues that it is necessary to provide a victim's companion at the trial, particularly in the victim-witness examination process, to support them contribute detailed information in a comfortable and secure condition. This study uses a normative-empirical legal approach with primary and secondary data sources. The study discusses the extent of rape victims' protection and the need for companion in litigation process. The results showed that the State had made its efforts to protect women of rape victims by enforcing a sequence of laws beyond the Criminal Code such as Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Supreme Court Regulation No. 3 of 2017 concerning Guidelines in Adjudicating Women's Cases Against the Law. However, these efforts are deemed insufficient to provide proper protection for rape victims, as evidenced by the significant development of rape cases due to legal enforces' insensibility dealing with women as victims in the litigation process.

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