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Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang
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Jurnal Ilmiah Dunia Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 25286137     EISSN : 27210391     DOI : -
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Jurnal Ilmiah Dunia Hukum (JIDH) diterbitkan oleh Program Studi Hukum Program Doktor Fakultas Hukum Universitas 17 Agustus 1945 Semarang. JIDH merupakan e-jurnal sebagai media publikasi bagi akademisi, peneliti, dan praktisi dalam menerbitkan artikel ilmiah di bidang isue hukum kontemporer. Ruang Lingkup jurnal ini meliputi kajian hukum Pidana, Perdata, Tata Negara, Administrasi Negara, Hukum Internasional, Hak Asasi Manusia, Hukum Adat, dan Hukum Lingkungan.
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Articles 5 Documents
 1 
Search results for , issue "VOLUME 9 ISSUE 1 OCTOBER 2024" : 5 Documents clear
Pancasila Values Were Forgotten In The Formation Of Indonesian Legislation Supeno, Bambang Joyo; Widyorini, Sri Retno
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5160

Abstract

the ideology of the Indonesian nation, is considered to have been neglected in the formation of legislation. As is known, Pancasila, as the source of all sources of state law, is interpreted as the principles or foundation for thinking and acting in the formation and enforcement of legislation. Empirically, the values of Pancasila have been forgotten as principles, both in abstracto and in concreto, leading to deviations, disharmony, and inconsistency in the formation of legislation. This study is a qualitative research using a normative juridical approach, which will explore and analyze these issues using secondary data and purposive random sampling. The analysis results show that three factors influence the neglect of Pancasila values as "principles" and the inconsistency in the use of "principles" provisions in the formation of legislation: the fluctuating disintegration of the Pancasila curriculum, the unclear and non-explicit regulation of Pancasila values as "principles" in Law No. 12 of 2011 juncto Law No. 13 of 2022 and its implementing regulations, and the inconsistency in the use of "principles" provisions in legislation. Based on these issues, it is necessary to strengthen the Pancasila curriculum, amend Article 2 by adding the phrase "Pancasila values as the principles of the content of legislation," and require the political will of the government and legislature to strengthen the curriculum and regulations for the formation of legislation.
Fake News Reporting by Journalists: National and Islamic Law Perspective Jamilah, Ummi; Iwan, Iwan
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.5394

Abstract

This study aims to analyze and explain the factors contributing to the occurrence of fake news reporting by journalists, as well as examine the issue of fake news from the perspective of national law and Islamic law. The research adopts a normative juridical approach, combining empirical and case study methods. The findings reveal that the primary factors behind fake news reporting by journalists include the pressure to deliver news rapidly, insufficient oversight, and the lack of strict regulations in enforcement. From the perspective of national law, provisions regarding the dissemination of fake news are explicitly regulated in the Information and Electronic Transactions Law (UU ITE) and the Criminal Code (KUHP). Despite the existence of laws such as UU ITE and KUHP to address fake news, enforcement is often hindered by concerns over press freedom, difficulties in proof, and varying interpretations of the law. The dissemination of fake news by journalists leads to a decline in public trust and social polarization. While most fake news cases are resolved through legal channels, preventive efforts such as media literacy, strengthening journalistic ethics, and collaboration with social media platforms are crucial in the current era. From the perspective of Islamic law, the spread of fake news is strictly prohibited, and Muslims are obligated to perform *tabayyun* (verification) before sharing information to avoid slander and sin.
The Position and Revitalization of Customary Criminal Law in the Perspective of National Criminal Law Nurhidayatullah, Muhammad Ali; Simanjuntak, Takkas Marudut
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5148

Abstract

This research aims to describe and analyze the status of customary law in Indonesia and the revitalization of customary criminal law from the perspective of Indonesian criminal law. This study employs normative legal research methods by analyzing various literatures. The research approach used is based on legislation, utilizing secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, presented in a qualitative descriptive manner. The results indicate that although official authorities such as the police and courts remain significant, customary institutions often serve as the first point of mediation for resolving conflicts within communities, especially in cases involving minor material losses and other issues rooted in local concerns. This suggests that traditional values and culture hold an important place in society and influence how people interact with the formal legal system. Additionally, the revitalization of customary law is necessary, particularly in the recognition of customary legal norms, which is crucial for creating an optimal balance between modernity and the preservation of traditional values. This contributes positively to justice, welfare, and cultural sustainability in Indonesia
The Potential and Challenges of Implementing the Omnibus Method in Indonesia: Lessons from Other Countries Prasetyoningsih, Nanik
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.5389

Abstract

This article seeks to provide an analysis of the issue of over-regulation and the solutions offered by the omnibus method, as well as to examine the application of the omnibus method from a comparative study perspective. The research method employed is normative juridical, using a statutory approach (state approach) and a comparative approach. The data used includes primary data and secondary data, such as relevant legislation and various articles and information from literature sources. The findings indicate that the omnibus method is effective in reducing regulatory burdens, enhancing efficiency, and fostering innovation. In Canada, for instance, implementation through the Budget Implementation Act 2012 led to more responsive policies, although it faced criticism for reducing transparency. In Australia, the Omnibus Repeal Day Bills succeeded in lowering regulatory compliance costs but attracted attention regarding public interest protection. Meanwhile, in the United States, the Consolidated Appropriations Act demonstrated the omnibus method's ability to expedite budget approvals, despite concerns about reduced transparency. In conclusion, although the omnibus method offers promising solutions to address over-regulation, its implementation in Indonesia faces complex challenges, such as low regulatory coordination, resistance to change, and limited public participation. This highlights the importance of an inclusive approach and ongoing evaluation to achieve effective and equitable regulatory reform.
Criminal Liability of Female Perpetrators of Sexual Harassment Against Minors Isnawan, Fuadi
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.4232

Abstract

This study aims to analyze the criminal liability of perpetrators of sexual harassment against dozens of male victims in Jambi City. The research method in this paper uses a normative juridical method that will examine the criminal liability of perpetrators of sexual harassment committed by women. In addition to this, it will also examine the role of psychiatric experts to determine the status of the ability to be responsible for the perpetrator of the crime. The results of this study indicate that it is necessary to fulfill several elements to say that the perpetrator is capable of being responsible according to the theory of criminal law and the Criminal Code. In addition, psychiatric experts play a role as expert testimony that can state whether the woman has a mental disorder or not because it is related to her ability to take responsibility. The researcher hopes that the paper can provide a better understanding of the criminal liability of female perpetrators of sexual abuse against underage boys and the role of psychiatric experts in these cases. The results of this research are expected to serve as a reference for law enforcement, child protection agencies, and the community in providing protection and justice for victims of sexual abuse, regardless of the gender of the perpetrator.

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