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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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AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 ON THE PRACTICE OF UNDERAGE MARRIAGE IN KARAWANG REGENCY Destia Ayuning Thias; Muhamad Abas; Anwar Hidayat
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v7i1.8370

Abstract

Underage marriages are marriages that do not meet the minimum age requirements stipulated in law number 16 of 2019 concerning amendments to law number 1 of 1974 concerning marriage. In law number 16 of 2019 article 7 it states that marriage is only permitted if a man and a woman have reached the age of 19. Based on the research results, it can be interpreted that the marriage rate in Karawang district has fluctuated since the enactment of law number 16 of 2019. This is evidenced by the percentage of underage marriage rates in Karawang district based on marriage dispensation data at the Karawang religious court. The data obtained is as follows, in 2019 there were 59 submissions, in 2020 there were 203 submissions, in 2021 there were 122 submissions and in 2022 there were 127 submissions. In addition, there are several factors that cause underage marriages in Karawang district, including arranged marriages, parents avoiding their children from committing adultery and even because they have already sent out invitations. There are some who are pregnant out of wedlock but the number is only a few in Karawang district. Legal research was conducted using an empiris juridical approach.
EFFORTS TO UNDERSTAND COMMUNITY LAW THROUGH UTILIZATION OF LEGAL CONSULTATION AND AID UNITS Birkah Latif; Aidir Amin Daud; Padma D Liman; Ahmad Fikrul Ridha; Agung Syaputra
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8340

Abstract

Legal Counseling for Residents of Moncongloe Lappara Village, Moncongloe District, Maros Regency in Understanding Legal Issues Through Utilization of the Legal Consultation and Aid Unit at the Faculty of Law, Hasanuddin University conducted by the PPMU-PK-M Team of Hasanuddin University Research and Community Service Institute for partners (Village Heads of Moncongloe Lappara). A number of legal problems occurred in Moncongloe Lappara Village, Moncongloe District, Maros Regency, such as cases of buying and selling land belonging to other people, criminal acts of consumer protection, fraud, and the environment, so PPMU-PK-M activities can become a forum for the community and village officials in mapping problems and finding legal solutions by providing legal education and understanding for the community and village officials.
THE POSITION OF WOMEN IN THE MAYBRAT TRIBE CUSTOM INHERITANCE Sri Iin Hartini
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8328

Abstract

Customary inheritance law is a law that contains lines of provisions regarding the system and principles of inheritance law, inheritance, heirs, heirs, as well as how the inheritance is transferred to its control and ownership from the heir to the heir. As for what is meant by inherited assets are the assets of heirs who have died, whether the assets have been divided or are still in a state that is not divided. This includes inherited assets, namely heirlooms, marital assets, original assets, inherited assets, and joint assets. Heirs are people who pass on their inheritance to the heirs (heirs). Heir is a term that refers to people who receive inheritance from the heir.The results showed that in the process of inheritance in the Maybrat Tribe community, only sons were entitled to inheritance in the form of customary assets in the form of WAN (Heirloom cloth), beads, land/customary rights, houses/buildings, livestock. Girls have unequal or unequal inheritance rights with boys. Daughters do not get inheritance because if the girl marries, she will leave her family and enter her new family to follow her husband. The Maybrat indigenous people adhere to a patrilineal family system in which family membership is drawn or calculated based on male lineage (father). The patrilineal family system adopted by the Maybrat tribe is a mayoral inheritance system which causes only male descendants to inherit, because the position of a man is more important than his sister who is considered able to take care of and carry on family responsibilities.
ACCELERATION OF THE ROLE OF THE KPK IN PREVENTION AND ERADICATION OF CORRUPTION CRIMINAL ACTS POST AMENDMENT TO LAW NUMBER 19 OF 2019 Anwar Anwar; Fathur Rauzi
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8346

Abstract

The Corruption Eradication Commission in carrying out its duties and authorities is independent and free from the influence of any power. This article aims to describe the efforts of the Corruption Eradication Commission in preventing the eradication of criminal acts of corruption after the enactment of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Crime Commission. This type of research is normative legal research which is oriented to processing legal principles, legal doctrines, and current law. This research also uses primary legal materials, secondary legal materials, and tertiary legal materials. The three legal materials were collaborated in an analytical and prescriptive study in this study using a statutory and conceptual approach. The findings in this study reveal that the revised KPK Law provides convenience in enforcing the law on corruption by building synergy with other law enforcement officials such as the Indonesian National Police, the Indonesian Attorney General's Office by prioritizing prevention without ignoring the principles of eradicating corruption. In addition, the Corruption Eradication Commission's supervisory board is a state institution within the executive power cluster that carries out the task of preventing and eradicating criminal acts with a supervisory function to carry out the oversight function in the process of enforcing criminal acts of corruption committed by the Corruption Eradication Commission.
LEGAL ASPECTS OF CONVECTION-BASED MSME B3 WASTE MANAGEMENT VALUES OF LEGAL JUSTICE Arief Fahrurrozie Hidayat; Endang Sutrisno; Sudarminto Sudarminto
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8333

Abstract

Environmental pollution which can result further because in addition to environmental damage it also poses a hazard, namely specifically the presence of known hazardous and toxic waste. in Sukaraos Village, Cikijing District, Majalengka Regency, which can result in B3 waste pollution in its business so this needs attention from the central government and local governments. The author will review this research to find out related to legal studies in B3 waste management to realize legal justice and aspects of law enforcement carried out by the Majalengka Regency Environmental Service. the analysis is qualitative analysis. Majalengka Regency Regent Regulation Number 33 of 2019 related to the management of hazardous and toxic waste does not reflect legal justice for MSME business actors Convection this is due to the absence of obligations from the local government for the allocation of B3 waste management for business actors, difficult permits and management fees waste that is charged to business actors and is expensive. The aspects of law enforcement carried out by the Majalengka Regency Environmental Service are still not effective because there are factors in law enforcement itself, including legal factors, law enforcement factors, facilities factors, community factors and legal culture factors that have not been realized by the community. The conclusion of this study is that the existing regulations in Majalengka Regency and other regulations have not created legal justice for the perpetrators themselves because environmental law enforcement and protection of business actors have not been maximized due to several law enforcement factors that do not run optimally.
REFORM OF THE CRIMINAL LAW OF ACTIONS ABOUT THE MISUSE OF FIRE WEAPONS IN INDONESIA Debby Khoirunisa; Indra Yudha Koswara; Taun Taun
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8323

Abstract

Since March 8, 1946, the Criminal Code has been used as criminal law in Indonesia, although changes have been made several times in the criminal law code. It is now realized that the Criminal Code is no longer able to accommodate the aspirations of the people who are developing rapidly due to several factors. The development of crimes that occur in society is also evidence that the Criminal Code does not provide legal protection to the community. In analyzing criminal law, one must pay attention to the social norms and standards that have been established and applied by the criminal law. As a result, social norms turn into legal norms. In the context of a democratic society, congruence eventually occurs between various social norms, through social ethics and legal norms. The development of punishment raises the idea or principle of punishment, making the convict a subject rather than an object so that he views the convict as a whole human being. by the Indonesian people, which has received social attention as a result of the search for alternative punishments for other independence crimes.
LEGAL OVERVIEW OF THE REGISTRATION CERTIFICATE (STR) FOR HEALTH OFFICER Jamaluddin Jamaluddin
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.v6i2.8379

Abstract

The legality of Registration Certificates (STR) for Health Workers in carrying out their duties at AM Parikesit Hospital Tenggarong is an administrative requirement that must be owned by health workers before the Covid-19 pandemic even a valid STR is an administrative requirement that must be attached when registering as a candidate for health workers in hospitals AM. Parikesit, but with the Covid-19 pandemic until now, these provisions have been relaxed and even allowed for health workers to practice without having an STR as in Circular Letter Number HK.02.01/MENKES/4394/2020 concerning Registration and Licensing of Health Workers during a Pandemic Corona virus Disease 2019 (Covid-19), there is tolerance and exceptions related to STR ownership. Therefore, the existence of these regulations provides legal certainty (legality) for RSUD AM. Parikesit currently employs health workers to serve the public who need services both related to Covid -19 and those who are not, so that the presence of health workers whose registration certificates are still in the process of being extended or who have just submitted them is legally considered legal. have a registration certificate and/or practice license. Therefore all actions of health workers in carrying out their service duties in a competent manner have authority and there is no violation of the law. The legal consequences for health workers in carrying out their duties at AM Parikesit Hospital who do not have a Registration Certificate (STR) and those who have a Registration Certificate (STR) but are not in accordance with the field of health education must be distinguished in two circumstances, namely normal conditions and emergency situations.
MEANS OF CLASS ACTION LAWSUIT AS AN ALTERNATIVE AND SOLUTION FOR RECOVERING STATE AND COMMUNITY FINANCIAL LOSSES IN CORRUPTION DIRECT CASH ASSISTANCE VILLAGE FUNDS Hairuddin Tomu; Muhadar Muhadar; Musakkir Musakkir
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8341

Abstract

The purpose of this study was to analyze the means of class action lawsuits that can be used as an alternative to recovering state losses and community losses as direct victims of Village Fund Direct Cash Assistance budget corruption. This type of research is normative legal research, namely looking at law from the point of view of norms which of course is prescriptive, using an analytical descriptive approach, namely describing the position of law as it is now. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through library research, so that deeper analysis and understanding can be carried out so that there is a strengthening of the legal basis to produce good legal analysis. The collected legal materials were then analyzed using qualitative analysis techniques. The results of the study show that the use of class action lawsuits can be used as an alternative to recover state losses and community losses due to acts of corruption in the Village Direct Cash Assistance budget. Class action facilities are far more effective and efficient in efforts to eradicate corruption which do not burden the state budget, compared to enforcing criminal law through the criminal justice system (police, prosecutors, courts, and correctional institutions). In addition, the implementation of the execution of the return of compensation through class action facilities is more accommodative and equivalent because the legal interests of the injured stakeholder, in this case, the State and the people of the Direct Cash Assistance (Bantuan Langsung Tunai/BLT) Fund Beneficiary Group, can both be restored.
EFFORTS TO ERADICATE AND OVERCOME DRUGS BY THE POLICE Wilhelmus Renyaan
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v6i3.8329

Abstract

This writing aims to find out the Efforts to Eradicate and Control Drug Crime and the obstacles by the Police. The type of research used by researchers in writing this thesis is the Sosio Juridical research type, which means science that analytically and empirically analyzes or studies the interrelationships between law and social phenomena related to the research object being studied. The results of the research show that it is necessary to reconstruct efforts to overcome and eradicate drugs. In an effort to tackle and eradicate narcotics crime, priority should be given to non-penal policies because non-penal policies basically lead to preventive efforts. Education about the dangers of narcotics abuse should be included in the education curriculum at the elementary, secondary and tertiary education levels.
LEGAL ASPECTS OF PP NO 29 OF 2020 CONCERNING INCOME TAX FACILITIES IN THE FRAMEWORK OF HANDLING CORONA VIRUS DISEASE Agustina Ekra Flamella; Fitika Andraini
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): 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.v7i1.8367

Abstract

The Legal Aspects of PP No 29 of 2020 Concerning Income Tax Facilities in the Context of Handling Corona Virus Disease (Covid-19) and the impact after the enactment of PP No 29 of 2020 Concerning Income Tax Facilities in the Contex of Handling Corona Virus Disease (Covid-19) for UMKM. This study uses an empirical juridical approach which is a type of legal research conducted by looking at the real conditions of the community environment with the intent and purpose of finding the facts and date needed. The conclusions from this study are (1) The understanding of UMKM actors who still do not understand the contents of PP No 29 of 2020 article (5) to article (6) which states that UMKM actors do not pay taxes but only report their business income to the Web DJP and will be paid by the government which will be accumulated annually. (2) Knowing the impact after the enactment of PP No 29 of 2020, namely UMKM players, especially Semarang Candisari, Semarang City, have made good use of this regulation because IT problems have developed, many UMKM are better acquainted with IT, especially small business, the majority of sellers are elderly and parent. (3) The researcher suggests for all UMKM actors, especially in the Candisari Semarang area, to contribute more to the state througt paying taxes because currently it is made easier by the Government.

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