Jurnal Hukum Sasana
Jurnal Hukum Sasana adalah sebuah publikasi ilmiah yang dikelola oleh Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Bhayangkara Jakarta Raya. Jurnal ini memuat tulisan-tulisan hasil riset, analisa yuridis terhadap sebuah produk perundang-undangan atau kasus hukum, dan studi literatur di bidang hukum. Topik yang paling dominan diperbincangkan dalam jurnal ini adalah isu sektor hukum dan keamanan, negara hukum, demokrasi, reformasi hukum, keadilan sosial, pemerintahan yang baik (good governance), dst.
Articles
288 Documents
<![CDATA[Laku Pandai Perbankan dan Perlindungan Nasabah: Studi Kasus Laku Pandai BCA di Kabupaten Demak Jawa Tengah ]]>
<![CDATA[M. Faiz Kurniawan]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1255
<![CDATA[Banks have an important role as intermediary institutions. This function is to channel funds from people who have excess finances to other people in need in the form of credit. Along with the development of banking that leads to branchless banking, namely bankless offices, the penetration process to the public and financial literacy can be further improved. This is because banks can reach the deepest layers of society without the need to build branch offices. Laku Pandai becomes the main agent of the bank to reach the deepest community though. With juridical-normative research by analyzing laws and regulations and interviews with smart behavior agents in Demak Regency, it was found that banks have sufficient instruments to protect their customers against smart behavior. Regulations by the OJK are also deemed sufficient for the implementation of smart behavior agents and protection for customers. Laku Pandai as an office-less banking service by utilizing agents in collaboration with other parties and the use of information technology is proven to provide service benefits and protection in terms of confidentiality, deposit security to customers in full.]]>
<![CDATA[Perlindungan Hukum Bagi PPK Sebagai Penyelenggara Kontrak Pengadaan Barang dan Jasa Pemerintah ]]>
<![CDATA[Yelly Metasari]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1256
<![CDATA[Presidential Regulation (Perpres) No. 12 of 2021 concerning Procurement of Government Goods and Services has not provided Legal Protection to Commitment-Making Officials (PPK) as Contract Implementers of Government Goods and Services Procurement. In practice, the provisions of Article 77 of Perpres Number 16 of 2018 is not implemented, the right of Government to obtain legal protection in the context of facing complaints against alleged state losses has not been regulated. There are two issues to be discussed in this article. Firstly, Has Presidential Regulation No. 12 of 2021 concerning Procurement of Goods / Services provided that the Government already providing legal protection to PPK? Secondly, How is the form of government action in the context of providing legal protection to PPK? This study uses a normative juridical research method which consists of primary, secondary and tertiary legal materials. The results of the research show that Perpres Number 12 0f 2021 concerning Procurement of Government of goods/services have not provided legal protection to PPK. Then, the form of government action in order to serve legal protection for PPK is to provide an opportunity for PPK to be able to exercise its rights for providing answers and explanations for the alleged loss of the state. Therefore, this study suggests that it is necessary to issue a law on the procurement of goods/services of the Government that regulates related explicitly to providing legal protection for PPK. Then, the form of legal protection might be provided by the Government to the PPK, such as the provision of work guarantees in the form of legal insurance to procurement managers, especially PPK. This insurance policy is budgeted for each procurement package to be carried out in a tender.]]>
<![CDATA[Victims of Child Sexual Violence from a Legal Perspective ]]>
<![CDATA[Widya Romasindah Aidy]]>;
<![CDATA[Mochammad Syafruddin Rezky Sanaky]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1257
<![CDATA[Law enforcement officers give appropriate punishments to perpetrators of sexual violence, so that the rule of law is truly enforced and order is created in society. Sanctions are intended to provide a deterrent effect for perpetrators of sexual violence so as not to repeat their behavior and prevent others from committing the crime because of the threat of severe punishment. The purpose of this study is to find: 1) children who are victims of criminal acts of sexual harassment; 2) the impact of children as victims of crimes of sexual violence; and 3) efforts to tackle crimes of sexual violence against children. The results of the study are as follows: efforts to overcome crimes of sexual violence against children are the role of parents who play an important role in protecting children from the risk of sexual violence; legal care as well as psychological rehabilitation support and psychological services for both children and their parents; and the role of the community to ensure the protection of children; also the role of the State, in the form of rehabilitation, which is an integrated process of treatment activities by restoring the child's condition. Rehabilitation in question is a process of organizing physical, mental, and social rehabilitation activities in an integrated manner so that the child can continue to carry out his social functions and skills in social life.]]>
<![CDATA[Perlindungan Hukum Terhadap Whistleblower Dalam Tindak Pidana Narkotika ]]>
<![CDATA[Silvia Hainia]]>;
<![CDATA[Abdurrakhman alhakim]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1258
<![CDATA[The spread of drugs and illegal drugs in Indonesia is of great concern and concern to the public, and the media is almost full of drug trafficking and arrests for other criminal activities. In performing duties as police law enforcement officers, they need the Code of Ethics as long as it guides in daily practice. Regulations related to the Police Code of Ethics can be found in the Law on the Indonesian National Police Number 2 of 2002, Regulation of the Chief of the National Police Number 8 of 2006, and Number 7 of 2006. The goal of Indonesia's national development is to create a truly just, peaceful, safe, and secure society. and prosper based on Pankashira and the 1945 Constitution of the Republic of Indonesia. 2009 35 concerning Narcotics. The method used in this research is the normative legal method or literature based on the laws and regulations related to the Narcotics Law Number 35 of 2009. The approaches that are highlighted are valid literature studies and textual approaches derived from case studies and written literature, namely a study that distinguishes between what is contained in the text or literature with what is contained therein. To ensure the safety of the reporter, law must regulate the safety of the reporter.]]>
<![CDATA[Penerapan Asas Proporsionalitas Dalam Perjanjian Waralaba (Franchise) Pada Suatu Hubungan Kontrak Bisnis ]]>
<![CDATA[Dwi Atmoko]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1260
<![CDATA[In essence, a franchise business is a form of business that markets goods or services that have certain characteristics in their activities. Franchise activity itself in Indonesia is regulated in the Regulation of the Minister of Trade Number 71 of 2019 concerning the Implementation of Franchising. A franchise agreement entered into by both parties entering into an agreement in a business contract must be based on good faith and based on the principle of proportionality, in the sense that the agreement provides sense of fairness with the aim of providing benefits for both parties in running the franchise business. A business contract runs on the principle of good proportionality, of course, it begins with a valid legal agreement as regulated in the Civil Code (KUHPer) which regulates the legal requirements of an agreement in Article 1320. Several clauses in a contractual agreement related to franchising, especially for risky clauses, should be a top priority, related to the profit and term of use of the franchise. Talks and discussions that marked a good start in the draft franchise contract design, of course, will produce a good contract as well. In addition, by designing a good and correct contract in the franchise business, of course, it will avoid disputes or legal disputes for both parties in the future.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Afiliator Aplikasi Opsi Biner Ilegal Dalam Hukum Pidana Indonesia ]]>
<![CDATA[Fakhri Rizki Zaenudin]]>;
<![CDATA[Hana Faridah]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1261
<![CDATA[The rapid development of technology in this era of globalization has an impact on the increasing number of people who use electronic media, the use of electronic media has a positive and negative impact, one of the negative impacts of crime can be growing in electronic media for example fraud crimes committed by binary options affiliates from applications Binomo. The purpose of this research is to find out how the criminal liability of illegal binary options affiliates is by committing criminal acts of fraud, and to find out how the validity of electronic evidence is in the criminal procedural law system in Indonesia. The method used in this study is a normative juridical research method, by analyzing primary or secondary legal materials using card system data collection techniques, so that it can be concluded that an illegal binary options affiliate can be threatened with Article 378 Jo Article 55 of the Criminal Code and Article 28 paragraph (1) Law Number 11 of 2008 concerning Information and Electronic Transactions in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), and Electronic evidence in criminal procedural law is considered valid if it meets the provisions in the ITE Law, and guarantees its authenticity by expert witnesses in the field of digital forensics.]]>
<![CDATA[Cyberbullying: Pertanggungjawaban Pidana Anak Atas Hilangnya Nyawa Seseorang Ditinjau Berdasarkan Keadilan Restoratif ]]>
<![CDATA[Ade Borami Ju]]>;
<![CDATA[Eko Nurisman]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1262
<![CDATA[Currently cyberbullying is one form of crime that is quite often occur in cyberspace, especially among teenagers. Cyberbullying itself is one form of crime that can be reported to be further processed to the court. In dealing with the law, it can have a variety of influences, both mental, physical and social for children, especially if the problem is resolved through formal channels such as the court. Restorative justice is presented as an alternative path to solving criminal problems by involving victims, perpetrators, victims' families to jointly seek a fair solution by emphasizing recovery back to its original state, and not retaliation. The purpose of the study was to find out how criminal accountability of children as perpetrators of cyberbullying crimes resulting in the loss of a person's life based on restorative justice. This research uses normative juridical approach methods with data collection techniques using secondary data conducted with literature research. The conclusion of this study is the Legal Regulation against cyberbullying crimes consisting of regulations in the Criminal Code, Law No. 11 of 2012 on the Juvenile Criminal Justice System, and Law No. 19 of 2016 on Changes in Information and Electronic Transactions. Based on restorative justice, accountability for children perpetrators of cyberbullying crimes that result in the loss of one's life can be in the form of criminal sanctions and action sanctions. The criminal imprisonment of child offenders is used as a last resort, this is because the juvenile criminal justice system is carried out one of which is based on the principle of deprivation of independence and prosecution as a last resort.]]>
<![CDATA[Bantuan Hukum Terhadap Anggota Polri Atas Pelanggaran Kode Etik Profesi Polri (KEPP) Sebagai Implementasi Pemenuhan Hak Hukum Dan Keadilan (Access to Law and Justice) ]]>
<![CDATA[Fernando]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1264
<![CDATA[As a consequence of the violation of the Police code of ethics by members of the National Police, there is ethical responsibility in the session of the National Police Professional Code of Ethics Commission. Legal assistance in the form of assistance is the constitutional right of every citizen, including members of the National Police. The issuance of the Regulation of the Head of the National Police of the Republic of Indonesia Number 2 of 2017 concerning Procedures for Providing Legal Aid within the Police, should be a tangible manifestation of the responsibility of the National Police for legal rights and justice for members of the Indonesian National Police. This type of research is carried out using a normative juridical method, which is carried out by examining library materials or secondary data as a basis for research by conducting a search on regulations and literature related to the problems studied. That the enforcement of the Police Professional Code of Ethics must be carried out in an objective, accountable manner, upholding legal certainty and a sense of justice.]]>
<![CDATA[Penegakan dan Perlindungan Hukum Terhadap Korban Kejahatan Seksual Maupun Pemerasan Pada Aplikasi Online Dating ]]>
<![CDATA[Elvira Zikra]]>;
<![CDATA[Tantimin]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1265
<![CDATA[The Covid-19 pandemic that has spread around the world has severely restricted all kinds of community activities, thus demanding the rapid development of internet network technology. The disease also has an impact on the frequency of sexual violence against children and adolescents that occurs on online dating apps. It is not enough to handle matters under the provisions of Law No. 11 of 2008 on Information and Electronic Transactions as amended by Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Information and Electronic Transactions (hereinafter referred to as the ITE Act) and/or Law No. 44 of 2008 on Pornography (hereinafter referred to as the Pornography Act). The aim of the study was to find a legal framework and protection that better helps victims of sex crimes and extortion on online dating apps. The legal research methods used in this article are doctrinal (dogmatic). The strategy includes looking at law enforcement arrangements and legal protections for victims of sex crimes and extortion through online dating apps, with the aim of increasing criminal law knowledge. The findings of this study reveal that various kinds of law enforcement in Indonesia still lack a victim-centered view, both in terms of regulation and victim protection, and victims have not received justice. It even shows that existing rules have traits that can be used to contradict good morality. However, misuse of programs that may contain elements of decency, such as cyber sex, continues to raise legal concerns.]]>
<![CDATA[Tradisi Hukum Indonesia: Sejarah, Produk Hukum dan Kebijakan di Masa Orde Baru ]]>
<![CDATA[Jantarda Mauli Hutagalung]]>;
<![CDATA[Tantri Gloriawati]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1266
<![CDATA[Indonesia is one of the countries that considers law as the most important part of state life, apart from politics and the economy. Basically, in a state of law, the government is actually the spearhead of the law as a system. The Indonesian legal system itself is a legal system formed from a long history of acculturation of customs, the entry of Islam and the civil law system brought by the Dutch. This long history has helped shape the Indonesian legal system, which has unique legal and policy products. This paper discusses the characteristics of Indonesian law in terms of the legal concept, apart from the dynamics of the development of the Indonesian legal tradition which is based on the nomadic history of Indonesian society. The results of the discussion show that the Indonesian legal tradition is characterized by respect for the law that lives in society. The Indonesian legal system as whole remains committed to respecting different religions and cultures, moving towards democracy and the rule of law.]]>
