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Hermeneutika : Jurnal Ilmu Hukum
Published by Universitas Swadaya Gunung Jati
ISSN : 23376368     EISSN : 26154439     DOI : http://dx.doi.org/10.33603/hermeneutika
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HERMENEUTIKA diterbitkan oleh Sekolah Pascasarjana Universitas Swadaya Gunung Jati. JURNAL HERMENEUTIKA tujuannya merupakan kumpulan karya tulis ilmiah hasil riset maupun konseptual bidang ilmu hukum dengan ruang lingkup Hukum pidana, Hukum perdata, Hukum tata negara, Hukum administrasi negara, Hukum international, Hukum masyarakat pembangunan, Hukum islam, Hukum bisnis, Hukum acara, dan Hak asasi manusia. JURNAL HERMENEUTIKA menerima tulisan dari para akademisi maupun praktisi dengan proses blind review, sehingga dapat diterima disetiap kalangan dengan penerbitan jurnal ilmiah berkala terbit setiap dua kali dalam setahun periode Februari dan Agustus dengan nomor p-ISSN 2337-6368 serta e-ISSN 2615-4439.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 201 Documents
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PENEGAKAN HUKUM PERATURAN DAERAH NOMER 2 TAHUN 2016 TENTANG PENATAAN DAN PEMBERDAYAAN PEDAGANG KAKI LIMA Abu Sayidatusiap; Ayih Sutarih; Waluyadi Waluyadi
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 3, No 2 (2019): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v3i2.2602

Abstract

Metode penelitian yang digunankan adalah yuridis-normatif yaitu hukum dikonsepsikan sebagainorma-norma, kaidah-kaidah, dan asas-asas atau dogma-dogma. Pendekatan Yuridis-Normatif dikenal pula dengan istilah pendekatan/penelitian doctrinal atau penelitian hokum normatif penegakan hukum peraturan daerah bagi pedagang kaki lima di jalan sukalila kota Cirebon tidak berjalan efektif dikarenakan pedagang kaki lima masih berjualan disepanjang trotoar pemerintah kota Cirebon tidak memberikan penetapan lokasi berjualan maupun memberikan pembinaan dan pengawasan yang seharusnya dilakukan oleh penegak hukum daerah yaitu satuan polisi pamong praja  serta kurangnya sosialisasi rutin bagi pedagang kaki lima dan akibat hukum bagi pelanggaran peraturan daerah bagi pedagang kali lima sesuai dengan peraturan daerah kota Cirebon yang tertuang dalam pasal 34 setiap PKL yang melanggar pearaturan daerah dikenakan sanksi adminitratif yang berupa sanksi teguran lisan, teguran tertulis sarta pencabutan tanda daftar usaha dalam dalam pasal 37 ketentuan pidana bagi pelanngaran PKL yang dengan sengaja memperjualbelikan tempat usaha dan membangun membangun tempat usaha secara permanen sanksi pidana bagi PKL tersubut maksimal kurungan tiga bulan.
REGULATION OF POLITICAL PARTIES IN LEGISLATIVE AND PRESIDENTIAL ELECTIONS IN CONSTITUTIONS IN VARIOUS COUNTRIES Hevi Dwi Oktaviani
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7268

Abstract

Political parties are organizations that exist as a consequence of a democratic state that is closely related to general elections. Indonesia will hold simultaneous elections in a few years, of course, studies and references are needed that can help perfect the regulation of political parties and elections. The study can be carried out using the constitutional comparison method because most countries regulate the provisions of political parties and elections in the constitution, for example in Indonesia it is regulated in the 1945 Constitution. The purpose of this study is to determine the arrangement of political parties in elections based on the constitution in each country. The results of the research are expected to be used as an academic reference regarding the regulation of political parties and elections in Indonesia. The research method used is normative legal research by utilizing primary and secondary legal materials which are then analyzed qualitatively. The author uses the constitutions of 42 countries in the world. The results of the study show that political parties are still institutions that are trusted as parties that have the right to submit candidates for legislative and presidential candidates in many countries. There are still more countries that give political parties the exclusive right to nominate such candidates than countries that allow independent candidates.
LEGAL REVIEW OF THE ISSUANCE OF STATEMENT OF ABILITY TO MANAGE AND MONITOR THE ENVIRONMENT OF MSMEs BASED ON THE REGULATION Ainun Nisha; Ratu Mawar Kartina; Endang Sutrisno; Diky Dikrurrahman; Raden Handiriono
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7439

Abstract

The development of wood industry SMEs in the Mundu District, Cirebon Regency is certainly a concern in making environmental permits so that their businesses and/or activities do not cause environmental pollution. In this case, many MSME entrepreneurs in the wood industry do not have a Statement of Ability to Manage and Monitor the Environment (SPPL). The implementation of the SPPL permit process is not optimal because many SMEs in the Wood Industry have difficulty understanding SPPL. With the government's handling of the wood industry MSME business actors who do not have an SPPL permit, it is hoped that it can minimize the occurrence of environmental pollution by the Wood Industry MSME business actors. The research method used is the empirical juridical method. The implementation of the SPPL permit process carried out by the Wood Industry MSMEs has not been optimal because many business actors of the Wood Industry MSMEs do not understand about SPPL due to technological factors and the lack of socialization from the government. The government's handling of the Wood Industry MSME business actors who do not yet have an SPPL is by giving a written warning until the temporary suspension of their activities and/or business until the Wood Industry MSME business actor makes an SPPL.
PRE-TRIAL AGAINST TIPIRING ACCORDING TO POLICE PERKAP ON TRAFFIC TIPIRING HANDLING Samuel Rado Prakoso; Khilmatin Maulida
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7465

Abstract

Traffic violations are one type of crime that is included in the category of minor crimes (Tipiring). Minor crimes are crimes that are light or harmless. This research uses normative legal research. The data used is secondary data, secondary data in this study were collected through document studies (library research). The type of approach used is a statutory approach with analytical descriptive techniques. The results of the study show that the pretrial conducted by motorized vehicle drivers who received a ticket in the context of tipiring, was carried out in stages: submitting an application to the head of the court, the application letter was registered in a pretrial case, the head of the court directly appointed the clerk and judge, the case was examined by a single judge, rules to examine related cases, and judges make decisions no later than 7 days. Law enforcement after the pretrial for traffic violations using the law of rapid examination procedure, which is regulated in Article 211 of the Criminal Procedure Code which states "what is examined according to the examination procedure in this paragraph is a case of certain violations of road traffic laws". In addition, post-trial law enforcement against traffic violations is also regulated in Article 10 paragraph (2) of the Police Chief Regulation Number 6 of 2019 concerning Criminal Acts Investigation also states: "In terms of investigating minor crimes and traffic violations, investigative activities consist of: above: inspection; notify the defendant in writing of the day, date, time and place of the trial; submit files to court; and bring the accused together with the evidence to court.”
Power Relations in Gender-Based Violence From the Criminological Aspect Samantha Varania Ekasuci; Hana Faridah
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.6273

Abstract

Gender-based violence is more commonly assumed with women and girls than with men. Gender-based violence exists because of inequality in power relations and patriarchal culture embedded in society. Power can make a person feel entitled to act arbitrarily against others who are considered inferior. Behavior based on this kind of thinking allows a person to be violent towards others. Furthermore, this paper explains various theories of the crime of sexual violence when examined from a criminological perspective. The research method used in this paper is normative juridical through a case-based approach and legal system. The sources used include primary legal materials, secondary legal materials and tertiary legal materials.
RUSSIA'S VIOLATION OF THE PRINCIPLE OF NON-INTERVENTION AGAINST UKRAINE IN THE PERSPECTIVE OF INTERNATIONAL LAW Deni Yusup Permana
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7448

Abstract

Russia's participation in the internal affairs of Ukraine is something that should not be done. Because, it can violate the provisions of the United Nations Charter. Currently the security of countries is something that should be guarded. The behavior of the Russian state in violation of the principle of non-intervention by interfering in the independence of Donetsk and Luhansk which is part of the Ukrainian state. Russia's behavior has disturbed the Ukrainian household, which is actually what is happening in Ukraine is Ukrainian business because Ukraine is the one who knows better about the problems in his country. The purpose of this paper is to find out the violations of the principle of non-intervention that have been carried out by Russia against Ukraine and the responsibility of the Russian state for violations of the principle of non-intervention in the conflicts that occur within the Russian state. This writing uses normative legal methods or legal research which is a document study, such as by using laws and regulations, decisions or decisions from courts, contracts or agreements or contracts, legal theory.
CORPORATE CRIMINAL LIABILITY IN LAW ENFORCEMENT AGAINST PREMANISM Albert Sanchez Sebayang; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7462

Abstract

The practice of thuggery carried out by corporations is often found in the loan repayment process. This had resulted in the mushrooming of debt collector businesses, which generally employed high-profile ex-convicts who were used as collateral to intimidate other parties. In this study, the type of research used is normative juridical research using a law approach and a case approach. From the results of the study, it can be concluded that the enforcement of corporate criminal law against thuggery activities in the four cases studied by the authors was carried out by applying a penal policy (repressive effort). Repressive efforts were made against the Defendants by making arrests and then examining them for questioning for their actions. However, because the actions of the Defendants have deeply disturbed the public, especially the container trailer truck drivers, especially the actions of the Defendants are also contrary to the applicable regulations, the Public Prosecutor submits the Defendants to trial for later examination and trial by the Panel of Judges in the fairest way possible. The application of corporate criminal responsibility to thuggery, in this case the Panel of Judges sentenced the Defendants who were involved in one unit to PT. Tanjung Raya Kemilau, meaning, in this case the Panel of Judges applies the first model of the theory of corporate responsibility proposed by Mardjono Reksodiputro, namely "Corporate Management as the maker and the administrator is responsible", while still aligning the theory and the applicable legal rules contained in Article 48, Article 49, Article 50, Article 56, Article 486, Article 487 and Article 595 of the latest Draft Criminal Code. Thus, as one of the law enforcement officers, the panel of judges has carried out their duties in accordance with applicable regulations.
ARRANGEMENT OF ACCESS THROUGH AGRARIAN REFORM FOR INCREASING COMMUNITY INCOME Westi Utami; M Nazir Salim; R Deden Dani Saleh
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7413

Abstract

Agrarian reform (RA) as a national strategic program aims to encourage the creation of sources of prosperity and community welfare. This study aims to describe agrarian reform through access arrangement schemes and map out the roles of stakeholders involved in the RA program in Purworejo. The research method was carried out qualitatively, data obtained through interviews with key respondents and through document studies. The results of the study show that in Purworejo Regency, the Agrarian Reform Task Force (GTRA) has prepared a form of RA through strengthening access including optimizing land certificates, especially for Etawa goat breeders and coffee farmers to access capital. In addition, efforts to strengthen community capacity through community empowerment include assistance for Etawa goat breeders and coffee farmers in order to increase their productivity. To support the success of the program, several strategies are needed, including optimizing the role of stakeholders, namely the Office of Cooperatives, Small and Medium Enterprises and Trade, the Office of Settlement and Spatial Planning, the Office of Community and Village Empowerment and related agencies to provide support for program activities and budgets. The role of community leaders as community movers also plays an important role in realizing the success of the Agararia Reform in Purworejo. 
RESTORATIVE JUSTICE IN HANDLING CRIMINAL ACTS OF NARCOTICS WITH CHILD PERFORMERS IN CONFLICT WITH THE LAW Mugia Yarry Juanda; Zulkarnein Koto; Marsudin Nainggolan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7459

Abstract

Narcotics crimes are not only committed by adults but also children. For cases of criminal acts committed by children, the restorative justice system at least aims to repair/recover criminal acts committed by children with actions that are beneficial to children. This research is included in normative juridical research. The data used is secondary data. Meanwhile, the collection of legal materials is carried out by reviewing and collecting library materials and the analysis method is carried out using a qualitative descriptive method. From the results of the study, it can be concluded that based on the three decisions that the researchers reviewed, namely Decision Number 28/Pid.Sus-Anak/2020/PN Mre with the Defendant Andesta Bin Rusimin, Decision No.02/Pid.Sus-Anak/2015/PN- SAB with the Defendant Fajri Bin Nurdin and Decision Number 06/Pid.Sus.anak/2017/PN-Bir with the Defendant Child, it can be seen that the concept of restorative justice in handling cases of children as perpetrators of narcotics crimes by the panel of judges was not implemented. This can be seen in his injunction; the Panel of Judges actually sentenced the Defendant to years in prison. Whereas the concept adopted by restorative justice is a concept that prioritizes recovery, not retaliation. The ideal concept of restorative justice in handling cases of children as perpetrators of narcotics crimes is a concept that provides a value of justice for both perpetrators and victims, for this reason it is necessary to reform Law Number 35 of 2009 regarding sanctions for child perpetrators of narcotics crimes by eliminating criminal sanctions. imprisonment is half of the adult sentence. It is necessary to build rehabilitation places that specifically deal with children who are perpetrators of narcotics crimes.
CORPORATE SOCIAL RESPONSIBILITY (CSR) AS A FORM OF IMPLEMENTING CORPORATE RESPONSIBILITY TO THE ENVIRONMENT AND SOCIAL COMMUNITY Sanusi Sanusi; Murti Kartini
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i2.7463

Abstract

Corporate Social Responsibility (CSR) is an improvement in the quality of life which means the ability of humans as individual community members to be able to respond to existing social conditions, be able to enjoy and take advantage of the environment, in other words, it is a way for companies to regulate business processes to produce positive impacts on the environment. community which is an important process as a form of implementation of corporate responsibility to the environment and social community. The government's policy on CSR is contained in Law Number 40 of 2007 concerning Limited Liability Companies. What is safe is that this writing is carried out using a research method with a normative juridical approach, namely legal research that refers to the legal norms contained in the legislation. Corporate responsibility to the public interest can be realized through the implementation of sustainable CSR programs and directly touch aspects of people's lives. The realization of CSR programs is an indirect contribution of the company to the strengthening of overall social capital.

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