cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Maryuliyanna
Contact Email
maryuliyanna@gmail.com
Phone
+6285321043550
Journal Mail Official
hermeneutikapascaugj@gmail.com
Editorial Address
Program Studi Ilmu Hukum Sekolah Pascasarjana Universitas Swadaya Gunung Jati Jl. Terusan Pemuda No. 01 A Cirebon, 45132
Location
Kota cirebon,
Jawa barat
INDONESIA
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
 17   18   19   20   21 
FORCED MARRIAGE OF VICTIMS OF SEXUAL VIOLENCE AS A FORM OF SETTLEMENT IN VICTIMOLOGICAL PERSPECTIVE Shinta Diva; Gialdah Tapiansari Batubara
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.v6i3.8335

Abstract

Ratification of RUU TPKS has become a strong legal for victims of sexual violence crimes, one of its scopes listed in Article 4 of the UU TPKS on forced marriage. Referring to the Academic Text of the RUU PKS, forced marriage means if any person who abuses power or threats of violences or deceits or persuasion or a series of lies or other psychic pressures so that a person cannot give a real consent to perform a marriage. Through the perspective of victimology, it can be seen the impact of a crime on victims and the protection of victims in the criminal justice system. This research method uses a normative juridical approach which is a research approach by studying, viewing, and examining several theoretical matters concerning legal principles, conceptions, views, theories, legal regulations and the legal system relating to the issues being discussed. This research aims to find out prevent the handling of victims of sexual violence crimes with inappropriate or deviant forms of settlement. One of them is the forced marriage.
CRIMINAL AGAINST ASSISTANT (MEDEPLICHTIGE) IN CASES OF EMBRACTION IN OFFICE AND FRAUD (CASE STUDY OF DECISION OF CENTRAL JAKARTA STATE COURT NUMBER 1194/PID.B/2018/PN JKT.SEL) Joelyan Joelyan
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.v6i3.8325

Abstract

At present the legal subjects involved in criminal acts are not only one person but now this has been carried out jointly or by more than one person, there are those who commit crimes and there are those who act as orders to commit crimes, whether those who order them to commit crimes , participating in committing, persuading to commit or even committing the act itself and there are also those who assist in criminal acts. The research method used is normative juridical, namely library law research which is carried out by examining library materials or secondary data. The results of the research include that the form or form of participation in deelneming is participating in medeplegen and assistance (medeplichtigheid) contained in Articles 55 and Article 56 of the Criminal Code (KUHP). According to the formulation of the criminal provisions in Article 55 of the Criminal Code, it reads: (1) Punished as the perpetrators of a crime, namely: 1. Those who commit, order to commit or who participate in committing; 2. Those who, by giving gifts, promises, by abusing power or reputation, by force, by threat or by causing misunderstandings or by providing opportunities, means or information, have deliberately moved other people to commit criminal acts. concerned. (2) Regarding those mentioned last, what can be accounted for is only the actions that they have deliberately moved others to do, along with the consequences. While the criminal provisions in Article 56 of the Criminal Code according to the formulation reads: (1). Those who have knowingly provided assistance in committing the crime. (2). Those who intentionally provide opportunities, means or information to commit the crime.
THE IMPLEMENTATION OF SPATIAL PLANNING POLICIES IN REGIONS IN REALIZING GOAL NUMBER 11 OF THE SUSTAINABLE DEVELOPMENT GOALS Diah Lestari; Endang Sutrisno; Iis Krisnandar
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.v7i1.8400

Abstract

Spatial planning is a juridical instrument for environmental protection and management which is then used as one of the main focuses of the United Nations in the Sustainable Development Goals. However, Indonesia, which is currently focused on development and accelerating the investment, results in frequent actions that neglect the use of space and the environment. This formulation of the research is the problem regarding the implementation of spatial planning policies in the regions in order to realize goal number 11 of the Sustainable Development Goals. The purpose of this study is to examine the implementation of regional spatial planning policies in order to realize goal number 11 of the Sustainable Development Goals. The paradigm used is critical legal studies with qualitative research and using socio legal research approach. The results of the study found that problems regarding the implementation of goal number 11 of the Sustainable Development Goals in Majalengka Regency still meet some obstacles because Indonesia, which is currently focused on the development period and accelerating investment, made Regional Regulation Number 11 of 2011 concerning Spatial Plans for Majalengka Regency 2011-2031 no longer implementable as a policy product that has been implemented by the Regional Government of Majalengka Regency.
RAISING TRAFFIC AWARENESS IN SOCIETY Abd Asis; Slamet Sampurno S; Dara Indrawati; Siti Isti Dwi Pratiwi; Ervinadia Ghita Syahfitri
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.v6i3.8342

Abstract

Lack of legal compliance of the people of Moncongloe Village, Moncongloe District, Maros Regency Against Traffic According to Law No. 22 of 2009, the activities of the Community Service Program, Partnership Program - Hasanuddin University (PPMU-PK-M) Hasanuddin University Research and Community Service Institute (LP2M Unhas) can become a forum for the community and village officials to increase awareness and legal compliance in form of providing education and legal understanding of Traffic According to Law No. 22 Year 2009.
ANALYSIS OF THE CRIMINAL SYSTEM OF THE PRACTICE OF PERSECUTION IN THE CRIMINAL OF THEFT IN THE JURISDICTION OF THE ASMAT RESORT POLICE Semy B.A Latunussa
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.v6i3.8330

Abstract

This study aims to determine the punishment system for perpetrators of persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police and to determine the obstacles to law enforcement against perpetrators of practicing persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police. The author analyzes the data using the socio-juridical approach method, that is, in addition to studying law theoretically and normatively in the form of analyzing various laws and regulations, books and articles that have a correlation and are relevant to the problems studied, will also examine the law in its implementation using techniques data collection through interviews and documentation. The criminal system and punishment that can be applied to perpetrators of persecution of perpetrators of criminal acts of theft is only limited to perpetrators of persecution who actually act as movers and provocateurs who influence the practice of persecution for members of the public at the place where the perpetrators of theft were caught, by imposing Article 170 Paragraph (3) and Article 351 of the Criminal Code, if the persecution is carried out until the perpetrator of the theft dies, while other residents who carry out the persecution are not harmed. The obstacles to law enforcement for the perpetrators of the persecution of the perpetrators of the crime of theft include the lack of Investigation Unit personnel and members of the Asmat Police, the absence of operational car facilities that can carry the perpetrators of persecution because there are no cars that can operate in the Asmat Regency area, the lack of members' legal knowledge, and the absence of a district attorney's office or a district court in Asmat District, which made it difficult for the perpetrators of persecution to be detained.
THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District) Muhammad Fadhil
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.v7i1.8368

Abstract

This study aims to answer how the opinions and practices of the Jamaah Tabligh in Deli Serdang district about the age of marriage by making Undang-Undang Number 16 of 2019 as the basis for the analysis. This study uses empirical juridical research, and data collection techniques in this study are observation, interviews, and document studies. This study found that there are opinions and practices of the Jamaah Tabligh community in Deli Serdang district in marrying off their children may be done when they reach puberty. The background factor is to avoid adultery and promiscuity. Meanwhile, the minimum age for marriage regulated in the Undang-Undang Number 16 of 2019 for men and women as stipulated in Undang-Undang Number 16 of 2019 concerning amendments to Undang-Undang Number 1 of 1974 concerning Marriage. According to the opinions of the Jamaah Tabligh in Deli Serdang district Stick rules regarding the minimum age limit for marriage stipulated in the law are a form of recommendation, so there is no problem with not following the statutory rules regarding the minimum age limit for marriage when marrying off their children for good purposes.
ANALYSIS OF THE PHENOMENA OF THE MASS JUDGMENT FROM A LEGAL SOCIOLOGICAL POINT OF VIEW Octavia Zulkarnain
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.v6i3.8338

Abstract

The act of taking the law into your own hands (eigenrichting) is a disgraceful act and also violates the laws in force in Indonesia. Vigilante is referred to from the Dutch language, namely "Eigenrechting" which means how to take the law by yourself, take rights without regard to the law, without being known by the government and without using the tools of government power. Facts on the ground show that there are vigilante acts that almost always occur at the same time as a number of other individual rights are violated. For this reason, the state prohibits vigilante action because it is contrary to applicable law. Taking the law into your own hands is also an indicator indicating a low level of legal awareness in society. This paper aims to provide an overview of vigilantism (Eigenrechting) and to explain the phenomenon of mass judgment from the perspective of the sociology of law. This study applies normative legal research using approaches that include the Case Approach, Legislation Approach and Legal Concept Analysis Approach. Based on the analysis carried out, it can be seen that vigilante acts are triggered by emotional factors towards law enforcers and suspected criminals. On the other hand, perpetrators of taking the law into their own hands can be subject to criminal penalties in accordance with Article 351 of the Criminal Code and Article 261 of Law no. 1 of 2023. The act of taking the law into your own hands according to the national legal order violates the principle of the presumption of innocence so that a determination regarding whether an individual is guilty or not must go through a legal process first, this is because there is a chance that he is not guilty but becomes a victim of taking the law into his own hands.
VILLAGE GOVERNMENT IMPLEMENTATION BASED ON LAW NUMBER 6 OF 2014 Budi Santoso; Arif Awangga
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.v6i3.8326

Abstract

The purpose of this research is to find out how the village government functions in carrying out village autonomy. Based on Law no. 6 of 2014 concerning Village Autonomy and how the concept of village financial management is based on Law no. 6 of 2014 concerning Village Autonomy. This study uses normative legal research methods so that it can be concluded: 1. The government and BPD are village administrations that have a very important role in administering village governance. With the existence of Law Number 6 of 2014 in its implementation it reflects village genuine autonomy, democratization, participation and diversity as the foundation of village thinking. The village government is the village head and village apparatus as elements of village administration. Meanwhile, village officials consist of a village secretariat led by a village secretary, field technical implementers and regional elements adapted to the needs and conditions of the local region. 2. The concept of village finance is almost the same as the concept of state finance, carried out through the Village Revenue and Expenditure Budget mechanism, which consists of the village revenue, expenditure and financing sections, which are carried out by the Village Head and his apparatus which are discussed jointly with the Village Consultative Body. Village financial management has juridical implications for the Village Head and the Village Consultative Body to be able to compile, authorize, implement, supervise and be accountable for village financial management. If there is negligence or intentional action, it will result in accountability both administratively and criminally. Regency/City Governments are obliged to allocate a budget for village finances, as well as provide guidance and supervision.
JURIDICAL STUDY OF BREACH OF LAND SALE (CASE STUDY OF DECISION NUMBER 44/PDT.G/2019/PN KDL) Angger Restu Basunondo; 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.v6i3.8343

Abstract

The juridical study of default on land sale and purchase Case Study of Decision Number 44/PDT.G/2019/PN KDL and the default dispute in the decision on case Number 44/Pdt.G/2019/PN Kdl between PT Kawasan Industri Kendal and PT. Prospera Jaya. This study uses a qualitative approach which is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library research. The conclusions of this study are (1) Settlement of default disputes in sale and purchase agreements in the decision of Case NUMBER 44/ PDT.G/2019/PN KDL went through a mediation process. By mediating the dispute that occurred between PT Kawasan Industri Kendal as the Plaintiff and PT Prospera Jaya Group as the defendant ended amicably by carrying out several agreements in accordance with applicable law. (2) It is hoped that all companies in Indonesia experiencing civil disputes will first take part in the mediation process. So that in resolving disputes it is not just carrying out the mediation process as a formality to avoid the threat of being null and void, but should resolve disputes in accordance with the objective mediation so that a sense of justice is fulfilled and beneficial to the parties. (3) The researcher advises the general public or companies experiencing default disputes as in Case NUMBER 44/PDT.G/2019/PN KDL to carry out the same process as in the decision of the case. (4) So as to minimize losses between the two parties.
COMMUNITY PARTICIPATION IN REALIZING DEMOCRATIC ELECTIONS IN PAPUA PROVINCE IN THE PERSPECTIVE OF THE GENERAL ELECTION SUPERVISORY BODY Salesius Jemaru
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.v6i3.8331

Abstract

This study aims to determine the role of the community in realizing democratic general elections with various indicators in each stage of the 2014 Legislative Election. This research was conducted in Bovel Digoel Regency, Paniai Regency, Yahukimo Regency, Yapen Islands Regency and Keerom Regency. Primary data and secondary data were obtained through documentation studies, observations and interviews with various related parties. The results of the study show the role and participation of the community in the General Election, the role of the community in supervising each stage of the General Election, the role of the community in realizing political rights in the General Election, the influence of local political developments. Meanwhile, the obstacles that affect the participation of the community in the General Election are internal factors including the integrity of election organizers, the synergy of election organizers, adherence and adherence of organizers to the code of ethics, and external factors, namely the intervention of local officials, socialization of election regulations that have not been maximized and the influence of local customs and culture on the electoral system.

Page 20 of 21 | Total Record : 201

 17   18   19   20   21 

Filter by Year

2007 2023


Reset
Filter By Issues
All Issue Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 2 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 1 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 5, No 2 (2021): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 5, No 1 (2021): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 4, No 2 (2020): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 4, No 1 (2020): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 3, No 2 (2019): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 3, No 1 (2019): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 2, No 2 (2018): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 2, No 1 (2018): HERMENEUTIKA : Jurnal Ilmu Hukum Vol 1, No 1 (2015): Jurnal Ilmu Hukum Hermeneutika Vol 1, No 1 (2007): Jurnal Hukum Hermeneutika More Issue