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Jurnal Hukum Sasana
Published by Universitas Bhayangkara Jakarta Raya
ISSN : 24610453     EISSN : 27223779     DOI : https://doi.org/10.31599/sasana
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 288 Documents
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Implementasi Penambahan Nama Seseorang Pada Dokumen Kependudukan Melalui Proses Permohonan di Pengadilan Negeri (Studi Penetapan Nomor 58/PDT.P/2022/PN.TJK) Lukmanul Hakim; Angga Alfiyan; Ilham Jodi Renovsi
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1289

Abstract

Many requests from the community are related to the wish to add or correct names. Related to the absence of a list, lost, falsified, altered, torn, destroyed, embezzled or disabled and so on as stated in Article 13 of the Civil Code. The purpose of this study was to find out, understand, and analyze the judge's considerations in making an application for adding a name to a birth certificate at the Tanjungkarang District Court (Study of Decision No. 58/Pdt.P/2022/PN.Tjk) and to analyze the legal consequences of adding a name to a document birth certificate. The purpose of this research is to analyze the request for a change of name in a document based on a court decision. The research method uses a normative juridical approach. A valid child's birth certificate must be an authentic deed, because an authentic deed is a deed drawn up by or before a public official authorized to make the letter, with the intention of making the letter as evidence. Birth certificates are not only based on considerations of citizenship status, written evidence is needed to obtain legal certainty, to prove that a population event has indeed occurred. To have proof of registering in the status of the incident above, a person must have that event or incident at a civil registry institution, thus that person will obtain written evidence issued by the relevant agency. In this case, the Department of Population and Civil Registration can issue it.
Pelangaran Lalu Lintas Oleh Anak Dibawah Umur di Jalan Tunjungan Surabaya Rizki Agustina; Agus Machfudz Fauzi
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1291

Abstract

Some of the problems are from the types of violations that exist, not a few of the perpetrators are minors who drive motorized vehicles. Many teenagers are not supposed to bring their own motorized vehicle and ironically this problem is coupled with the rider not wearing a safety helmet. Law enforcement for underage two-wheeled vehicle drivers without a driving license has been stipulated in Law No. 22 of 2009 concerning Road Traffic and Transportation. The purpose of this study is to find out what the reasons are that minors continue to drive two-wheeled vehicles even though they already know that it is a traffic violation. In this study, a descriptive qualitative approach was used. Based on the results of the study, the reason why minors continue to drive two-wheeled vehicles on the highway is because of the weak supervision by parents and freedom from parents, as well as the lack of knowledge and understanding of the community, especially children who are still underage.
Implementasi Putusan Hakim Dalam Menjatuhkan Putusan Tindak Pidana Penipuan Yang Dilakukan Anak Dibawah Umur: Studi Perkara Nomor 2/Pid.Sus-Anak/2022/PN.Tjk Endang Prasetyawati; Indah Satria; Yosi Oktavia
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1292

Abstract

The problem of crime acts never seems to disappear and is never completely resolved. This also has an impact on the increasing number of criminals among minors. At present, it is suspected that the number of underage children involved in criminal acts is increasing. This is related to the pattern of daily life of children and social pressures. The objectives to be achieved in this research are to find out, understand, and analyze the efforts of the child protection commission in providing legal protection for minors who commit criminal acts and to analyze the basis for judges' considerations in deciding cases of criminal acts of fraud committed by minors. The use of this research is also expected to add theoretical, practical, and analytical references as a way out in criminal law. The research method used is empirical juridical research. Legal protection for children can be interpreted as an effort to protect the law against various freedoms and children's human rights and various interests related to children's welfare. Child protection can be done directly or indirectly. Directly, meaning that the activities are directly aimed at children who are the target of direct treatment. Activities like this can be in the form of protecting children from various threats from outside and within themselves. The judge's decision is very decisive in a case at trial, because in the judge's decision it determines the fate of a person being detained or not, of course in making a decision the judge must really consider everything that is presented before the court, because not only the fate of the accused is determined by the judge's decision but also the fate of a defendant's family. The Bapas and Kpai are also very decisive in the decision because the advice from the Bapas and the Kpai is also one of the basic considerations for the judge in making a decision, the Bapas and the Kpai must also accompany the child from arrest to the decision in accordance with the governing law.
Implikasi Batas Usia Nikah Dalam Undang-Undang No. 16 Tahun 2016 jo Undang-Undang No. 1 Tahun 1974 Terhadap Jumlah Permohonan Dispensasi Nikah di Pengadilan Agama Bekasi Kurnia Khairunnisa; Suprihatin
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1293

Abstract

Initially, the provisions on the age limit for marriage werw present qualitatively. However, along with times and science, quantitative marriage age limits werw born, such as the issuance of law No 16 of 2019 in conjuction with law No. 1 of 1974 concerning Marriage which regulate the legal age limit for new marriages for prospective bride, from 16 years old to 19 years old. This research is a legal research in the type of field research (socio legal research) which aim to determine the implicationa of the aplicationa of law No. 16 of 2019 in conjuction with law No. 1 of 1974 concerning Marriage on the number of dispensation application at the Bekasi Religious Court. The Result of This Study stated that the number of application for dispensation after the issuance of law No 16 of 2019 in conjuction with Law No. 1 of 1974 clearly increased compared to before the enactment of Law No. 16 0f 2019. The increase reached 39 % in year 2020 and 24 % in year 2021. In the perspective of Islamic law, the implication the high demand for dispensation due to Law No 16 of 2019 does not contain problems. This situation can be studied through the ushul fiqh approach to the sad adz-dzara’I concepft as a method of closing difficulties. His Phenomenon can also be seen concept of azimah and rukhshoh.
Tinjauan Hukum Atas Frasa “Tanpa Persetujuan” Pada Permendikbudristek Nomor 30 Tahun 2021 Terkait Tindak Seksual di Lingkungan Perguruan Tinggi Sylvani; Winsherly Tan
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1294

Abstract

Sexual violence on college campuses has become an urgency, initiated by various parties, especially students. In response to this, the Minister of Education of Indonesia issued, Regulation of the Minister of Education, Culture, Research, and Technology Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education. However, some people appear to have repudiation towards the regulation, concerning the phrase "without consent", which seems to be allowing immoral actions and violating religious norms. This study is aiming to examine the meaning of the phrase “without consent” based on the regulation context and analyzes the legal protection provided. Normative legal research was used for this study. The results show that the phrase "without consent" in this case means when sexual violence occurs because of coercion and without approval from the victim. And when it does happens, this regulation provides significant legal protection to the victims. The phrase “without consent” provides clear parameters for cases to go through a legal process, as well as the establishment of a task force as the party responsible for handling sexual violence mechanisms from receiving reports, resolving cases, and providing recovery facilities for victims.
Aspek Hukum Keselamatan Penerbangan di Indonesia Niru Anita Sinaga
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1295

Abstract

Aviation as part of the national transportation system has an important role in people's lives, therefore the implementation must be arranged in an integrated national transportation system by integrating and dynamizing aviation infrastructure and facilities. The purpose of the flight operation is to realize an orderly, regularly, safe, secure, comfortable flight, etc. This is in accordance with the motto that is generally accepted in the aviation world, that is 3S+1C: Safety, security, services and compliance to rules. In order to support the smooth running of flight activities, it is required to comply with applicable regulations, including: Article 44 of the 1944 Chicago Convention, International Civil Aviation Organization (ICAO), Aviation Law, Government Regulations, Regulations and Decrees of the Minister of Transportation and other Implementing Regulations. There are various factors that affect flight safety performance that can be used as a joint evaluation material for the achievement of flight safety services in accordance with national and international regulations. This study discusses: How is the regulation and implementation of aviation safety policies in Indonesia? This type of research is normative legal research (juridical normative), using secondary data obtained from primary, secondary, and tertiary legal sources.
Evaluation of The Fulfillment of The Defendant's Rights in Online Criminal Proceedings in Indonesia Gede Aditya Pratama
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1344

Abstract

In early 2020, Indonesia was hit by the Corona Virus that affect all aspects in public live including affect judicial institutions. Criminal proceedings that supposed to be held in a trial that open to the public according to the Indonesian Criminal Procedure Code, must be held online in which judges, prosecutor, lawyer, and the defendant are in separate places. Even though, the Indonesian Supreme Court have enacted Circular Letter No. 1 Year 2020 to regulate the proceedings during the Covid-19 pandemic, many criticisms for the course of online trials especially regarding the rights of the defendants, which were violated during the online trial. The rights of the defendant who were violated during the online criminal trial were the right to be heard equally, right to consult with a lawyer during the proceedings of the case, right to be tried without undue delay, and right to present witnesses and experts and ask questions to these witnesses and experts. These rights, that was feared violated because the defendant could not attend the trial in person. This research was conducted to explain the course of the online criminal proceeding to assess whether the defendant’s rights had been fulfilled during the online trial.
Kewenangan Konstitusional Mahkamah Konstitusi Dalam Memutus Sengketa Hasil Pemilu Dan Pilkada Serentak Ofis Rikardo; Viranti Nur Ikhwan; Fani Larasati
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1345

Abstract

Decision of the Constitutional Court Number 14/PUU-XI/2013 provides legal implications for the implementation of elections (elections for DPR, DPD, President and Vice President, and DPRD members). The election for members of the representative body which was previously held earlier than the election for the president and vice president, based on this decision of the constitutional court, the election for members of the representative body and the election for president and vice president will be held concurrently. The concurrent elections and local elections which will be held in 2024 have the potential to cause disputes over the results which will lead to the resolution of disputes over election results at the Constitutional Court. With the constitutional authority possessed by the Constitutional Court, the Constitutional Court is required to be able to resolve disputes over election and local election results in order to maintain elections and local elections that are direct, general, free, secret, honest and fair as mandated by the 1945 Constitution.
Implementasi Peraturan Keselamatan dan Kesehatan Kerja (K3) pada Proyek Pembangunan Perumahan di Wilayah DIY Elza Qorina Pangestika
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1347

Abstract

Housing construction projects do not only depend on time management, costs, good quality, but their implementation also needs to pay attention to occupational safety and health (K3) in the project environment. Housing construction is an activity that uses quite a lot of equipment, both sophisticated and manual. The equipment is used in large areas with various types of activities causing a high risk of accidents. Basically the housing construction process is an activity that contains many elements of danger. The problem of work accidents affecting housing construction workers is quite an interesting issue, considering that boards are one of the primary human needs, and housing construction activities are very close to our lives.
Pengaturan Pemberlakuan Pembatasan Kegiatan Masyarakat di Provinsi Bali Dalam Upaya Penanggulangan Penyebaran Covid 19 Menuju Bali Era Baru Kadek Julia Mahadewi
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1348

Abstract

The purpose of this study is to examine the law enforcement of the Restriction of Community Activities in Bali Province in accordance with the National legal system. This study uses an empirical legal approach, with a descriptive nature of research. The regulation of limiting community activities based on the Regulation of the Governor of Bali Province No. 40 concerning the Application of Health Protocols is emphasized again in the Circular of the Governor of Bali Number 7 of 2021 concerning the Regulations for Restricting Community Activities shows that the implementation is not yet effective. The law in this society can be seen that there is still a high number of numbers exposed to Covid 19 so that the Government continues to introduce new regulations and extend the Regulations for Clearing Community Activities to reduce the rate of development of Covid 19.

Page 20 of 29 | Total Record : 288

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