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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 : -
Core Subject :
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.
Arjuna Subject : -
Articles 105 Documents
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The Deviation Of Informed Consent Practices: Understanding The Inspanning Verbintenis And Legal Aspects Anang Riyan Ramadianto
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.3462

Abstract

This research has the main purpose to determine the legal protection of patients on the deviation of informed consent practices concerned in Inspanning Verbintenis and legal aspects. This article emphasizes normative juridical research with descriptive research specifications approach to understand the deviation that happened in medical field and the importance of Inspanning Verbintenis. This study used secondary data obtained from the literature and is described systematically from the Indonesian law, books, National and International journals, news, and previous research related to informed consent practices and the legal aspect. Previous research found that in specific cased a healthy patient, plastic surgery performed for aesthetic reasons is a Resultaat Verbintenis because it concentrates on the result in accordance with a certain arrangement made at the beginning between the doctor and the patient, namely the actual outcomes as anticipated. Hence, to avoid the deviation and missed conception, the Indonesian regulation system requires legal protection clearly. The planned consequence of the medical action may not be realized due to either Inspanning Verbintenis or Resultaat Verbintenis. Therefore, the goal of informed consent is to safeguard the patient against all medical procedures carried out without their knowledge.
Implications In Handing Gross Human Rights Violations In Paniai District Sri Iin Hartini; Eren Arif Budiman
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4231

Abstract

The aim of this research is to evaluate the function of Komnas HAM in handling cases of human rights violations in Paniai Regency, as well as obstacles to handling human rights cases in Paniai Regency. This research uses empirical juridical research methods, namely methods or procedures used to answer research problems by first examining secondary data and then examining primary data in the field. The aim of the research is to collect field data through interview techniques and respond to the author's concerns regarding the handling of human rights violations in Paniai Regency, namely cases of shootings against civilians by armed officers from the TNI. Based on research findings, the difficulties faced by the Papua Province Representative Commission for National Human Rights in resolving cases of serious human rights violations in Paniai Regency are in terms of examining witnesses and victims who continue to be rejected, due to the lack of public trust. in law enforcement. Therefore, Komnas HAM needs to foster a sense of public trust.
The Juridical Analysis of the Urgency of Ratifying the Draft Law on Asset Forfeiture in Indonesia Christian Samuel Lodoe Haga; Netanya Aurora Siwy
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4016

Abstract

This research has the purpose of providing a juridical analysis of the urgency of ratifying the asset confiscation law in Indonesia. This article emphasizes normative juridical research with a case study approach, statutory approach, as well as empirical approach to understand the asset confiscation draft law as norms that apply to society. The type of data analyzed in this article are mainly secondary data from the Indonesian law, books, news, previous research, and journals related to money crime and asset confiscation draft law. Previous research found that Indonesia’s corruption Perception Index reached its lowest point of 34 out of 100 last year, indicating that corruption and money crime continue to occur even after a multitude of efforts to combat corrupt practices. Hence, the Indonesian law system requires an extraordinary effort to cope with this extraordinary crime, specifically through the asset confiscation law. Several indicators discovered from this research reveal the urgency of this law. The asset confiscation law would be a solution to the problems of economic crimes in Indonesia through its function as a social control to achieve legal objectives, namely justice.
Reconstruction of Regulations in Legal Protection for Customers in the Event of Banking Liquidity Based on Justice Sugiyanto Sugiyanto
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4215

Abstract

In this research article, we will attempt to present discussions related to the analysis of bank liquidity regulations based on applicable laws and regulations, analyze to understand the legal protection of depositors/customers when a bank liquidation occurs, and analyze the reconstruction of legal protection for customers in bank liquidation based on the principle of justice. The research method employed in this study is a sociological or non-doctrinal approach, where the primary focus is on collecting primary data. To obtain the necessary data for this research, the author utilized a juridical-empirical legal research method. In empirical research, the emphasis is on the application of law in the real field (law in concreto). The research was conducted by initially examining secondary data, followed by primary data research conducted in the field or within the community. The results of the research indicate that customer protection related to bank liquidation has been anticipated by the banks themselves through implicit and explicit protections, both of which have been explained and regulated in banking law. Bank Indonesia has the authority to provide guidance and supervision to ensure the continuity of bank operations, and Bank Indonesia also determines provisions related to the health of banks by considering aspects such as investors, asset quality, management, liquidity, for example, regarding customer protection and the provision of credit to customers, which is guided and supervised, affecting the health and smooth operation of banks. Therefore, there is a need for a restructuring of legal customer protection regulations in bank liquidation based on the principle of justice. Every bank is obligated to guarantee the funds of the public deposited with the respective bank. The government needs to organize Law Number 10 of 1998 concerning Banking, particularly the protection of bank customers in the case of liquidation, to be emphasized in banking management.
Reconstruction Of The Concept Of A Foundation As A Non Profit Oriented Legal Entity Subesar, Haris
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4965

Abstract

This research is to find alternative solutions to the many cases of abuse of legal entities in the form of foundations in Indonesia. Foundations as non-profit oriented legal entities have so far been misused to carry out money laundering and other criminal acts, even though the purpose of the Foundation is aimed at social, religious and educational activities. This research is a normative juridical research based on the approach to the laws and regulations in force in Indonesia. This research utilizes primary data sources and secondary data sources. The secondary data comprises primary legal materials and secondary legal materials, which are then analyzed and presented qualitatively. The research results show that the law governing foundations in Indonesia currently, namely Law number 28 of 2004 as an amendment to Law Number 16 of 2001. The last amendment to the Foundation Law was made in 2004, so it has been quite a long time and it is time for changes to be made by reconstructing the current Foundation Law to better guarantee legal certainty for for foundations in Indonesia. Based on the discussion above, several provisions need to be strengthened to address the potential misuse of foundations for money laundering activities. Additionally, from a structural perspective, there is a need for reinforcing oversight mechanisms and intensifying public education efforts
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.
Bridging Knowledge: The Practice of Academic Freedom in Indonesia Rahayu, Rahayu; Roisah, Kholis; Wardana, Khansadhia Afifah
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4973

Abstract

This article aims to analyze the current practices of academic freedom in Indonesia, driven by the premise that academic freedom is a cornerstone for every scholar with their expertise to seek, explore, innovate, and develop knowledge without intervention from certain parties. This concept is deeply rooted in the freedoms of thought, opinion, and expression in public, which are integral to the framework of human rights. This article is a study employing a normative juridical approach, attempting to examine the relevant legislation and actual circumstances. The data used is secondary data, focusing on various types of literature that explore the complex relationship between academic freedom, human rights, and democracy. The research findings indicate that in Indonesia, regulations governing academic freedom are enshrined in Law No. 12 of 2012 on Higher Education, Law No. 14 of 2005 on Teachers and Lecturers, and Law No. 20 of 2003 on the National Education System. Nevertheless, instances of persecution and dismissal of academic staff often occur on grounds of threatening nationalism or possessing subversive ideologies that ultimately disturb public security. The coordinator of the Indonesian Caucus for Academic Freedom cites several cases attacking academic freedom, such as cyber-attacks, repression of student actions, and criminalization of academics who speak out against corruption and for academic freedom, such as those involving Saiful Mahdi from Syiah Kuala University and Ubedillah Badrun from the State University of Jakarta (UNJ). This article aims to uncover the issues arising in the practice of academic freedom and the alignment between existing regulations and the human rights framework, using a normative juridical method. Academic freedom must serve as the foundation for the development of knowledge for the nation's welfare.
Optimizing International Legal Compliance in Addressing the Rohingya Refugee Crisis in Indonesia Arief, Eva; Islam, Muhammad Saiful
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5061

Abstract

This study aims to analyze and investigate Indonesia's response to the Rohingya refugee crisis and examine its compliance with international law in addressing complex humanitarian challenges while tracing the history of Rohingya refugees in Indonesia since 2017. The research focuses on recent developments, including the surge in refugee arrivals and increasing tensions between newcomers and local residents. This study employs normative juridical research emphasizing a case study approach, utilizing secondary data analyzed qualitatively and presented using descriptive qualitative analysis techniques. The results indicate that Indonesia has principally committed to international law concerning refugees through concrete actions, diplomacy, and dialogue. However, the handling of Rohingya refugees in Indonesia, as regulated by PERPRES 125/2016, does not fully align with international legal principles, particularly the non-refoulement principle of the 1951 Convention. Refugees are considered illegal immigrants with temporary accommodation ending in relocation or repatriation. Further efforts are needed to ensure treatment aligns with human rights norms and provides adequate protection, including the right to employment, which is challenging due to the scarcity of job opportunities for Indonesian citizens themselves.
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 Village Financial Management Policy To Achieve Good Governance Sulistyaningsih, Endang; Adi, Pudja Pramana Kusuma; Sayekti, Lady Laduni
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5082

Abstract

This study aims to analyze and investigate Indonesia's response to the Rohingya refugee crisis and examine its compliance with international law in addressing complex humanitarian challenges while tracing the history of Rohingya refugees in Indonesia since 2017. The research focuses on recent developments, including the surge in refugee arrivals and increasing tensions between newcomers and local residents. This study employs normative juridical research emphasizing a case study approach, utilizing secondary data analyzed qualitatively and presented using descriptive qualitative analysis techniques. The results indicate that Indonesia has principally committed to international law concerning refugees through concrete actions, diplomacy, and dialogue. However, the handling of Rohingya refugees in Indonesia, as regulated by PERPRES 125/2016, does not fully align with international legal principles, particularly the non-refoulement principle of the 1951 Convention. Refugees are considered illegal immigrants with temporary accommodation ending in relocation or repatriation. Further efforts are needed to ensure treatment aligns with human rights norms and provides adequate protection, including the right to employment, which is challenging due to the scarcity of job opportunities for Indonesian citizens themselves.

Page 7 of 11 | Total Record : 105

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