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JURNAL DE JURE MUHAMMADIYAH CIREBON
Published by Universitas Muhammadiyah Cirebon
ISSN : 25991949     EISSN : 27147525     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The aim of this journal is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 87 Documents
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EFEKTIVITAS UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERLINDUNGAN KORBAN PEREMPUAN Giyono, Urip; Nurkhasanah, Sofiyatun; Rahman, Nur
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6608

Abstract

Sexual violence in Indonesia has become a persistent issue that shows no signs of abating. Every day, cases of sexual violence continue to rise, with the majority of victims being women and children. This situation prompted the government to enact and implement Law No. 12 of 2022 on Sexual Violence Crimes. One of the primary objectives of this law is to provide optimal and comprehensive protection and recovery for victims. This study employs a normative-empirical method, analyzing the implementation of positive law provisions (legislation) and written documents in action (factually) in the context of specific legal events occurring in society. The findings indicate that the Sexual Violence Crimes Law has not yet been effective. Several contributing factors include weak law enforcement, inadequate facilities and recovery access for victims, and, in some cases, violations of victims' confidentiality. Keywords: Female Victims, Sexual Violence Crimes, Legal Protection
RELASI ISLAM DAN PANCASILA SEBAGAI SISTEM HUKUM: KAJIAN KEPUTUSAN MUKHTAMAR MUHAMMADIYAH KE - 47 DI MAKASSAR Syafruddin, Syafruddin; Hasanah, Siti; Arzhi Jiwantara, Firzhal; Mukhlishin, Mukhlishin; Sarip, Sarip
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6624

Abstract

The Republic of Indonesia is based on Pancasila as an agreement between all elements of the nation with various ethnic groups, languages ​​and various religions. The birth of Pancasila is considered by some Muslims to be an agreement between the founding fathers of the nation. Pancasila is considered very appropriate and appropriate to accommodate all races, ethnicities and religions in Indonesia. This is what then attracts researchers to examine more deeply Muhammadiyah's thinking about the relationship between Islam and Pancasila and what the relationship between Islam and Pancasila as a legal system is from Muhammadiyah's perspective. According to Muhammadiyah, the Pancasila state can be realized as "Baldatun thayyibatun wa rabbun ghafur," which signifies an advanced, just, prosperous, honorable and autonomous existence under the blessing of God. In Muhammadiyah's perspective, the relationship between Islam and Pancasila as a legal system in Indonesia is considered harmonious and complementary in a deep and substantial way. Keywords: Law, Legal Politics, Regional Government.
REMISI DAN PENEGAKAN HUKUM PIDANA Rois, Harliyanto
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6760

Abstract

Remission is a reduction in sentence given by the state to prisoners who have met certain requirements, it can be said as a right but there is also an obligation. Criminal law enforcement is based on the principle of legality, where an act can only be punished after there are rules that regulate it before the act is committed. Murder is the taking or taking of a person's life by another person which results in the failure of all vital functions of the body due to the separation of the spirit from the victim's body. The purpose of this study is to determine remission and criminal law enforcement in cases of premeditated murder. Normative legal research method. While the approach method used is the Statute Approach. Researchers see law as a closed system that has comprehensive characteristics, namely the legal norms in it are related to one another. Data obtained from the results of the study will be analyzed using a qualitative normative analysis method. The results of this study indicate that Jessica Kumala Wongso, a convict in the premeditated murder case of Wayan Mirna Salihin, received a remission of 58 months and 30 days. This remission was given because Jessica was considered to have behaved well while serving her sentence at Pondok Bambu Prison. Jessica was released on parole based on the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number: PAS-1703.PK.05.09 of 2024. In the case of Jessica Wongso, the criminal law enforcement carried out was as follows: Jessica Wongso was charged and proven to have committed premeditated murder of Wayan Mirna Salihin by mixing cyanide poison into Vietnamese iced coffee. Jessica Wongso was sentenced to 20 years in prison based on Article 340 of the Criminal Code concerning Premeditated Murder. Jessica Wongso was released on parole on August 18, 2024 after serving 8.5 years of her sentence. Jessica received a remission of 58 months and 30 days. Keywords: Remission, Law Enforcement, Criminal
IMPLEMENTASI PENYELENGGARAAN OTONOMI DAERAH DALAM PENINGKATAN KESEJAHTERAAN MASYARAKAT Sunardi, Sunardi; Nur Syafiq, Ahmad; Hernanda, Trias
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6810

Abstract

Regional autonomy, introduced during the reform era, aims to grant broader and greater authority to local governments to manage their respective regions based on local needs. Although the regional autonomy policy has been implemented for more than 20 years, its application remains uneven. This is due to various challenges, such as corruption and conflicts of authority. This study employs a qualitative method with a normative juridical approach. The findings of this research indicate that decentralization within regional autonomy provides significant opportunities to improve public services and the Human Development Index. However, this requires support in the form of good governance, effective oversight, and collaboration between the central and local governments. Keywords: Regional Autonomy, Welfare, Society
PERLINDUNGAN HUKUM KORBAN PELECEHAN SEKSUAL TERHADAP ANAK (Studi Putusan Pengadilan Negeri Sidoarjo Nomor: 597/Pid.Sus/2023/PN Sda.) Ekasari, Agustina; Astutik, Sri; Prawesthi, Wahyu
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6874

Abstract

The consideration of the person giving the decision, namely the judge, in handing down a decision regarding an act that tends towards child abuse which leads to a criminal offense is based on several elements to determine the final decision that will be taken. The judge considered that this case had several bases, namely the element of each person, the element of committing violence or threats of violence forcing the child to have sexual intercourse with him or another person, all of which had been explained in detail. Then regarding the judge's decision regarding the juvenile criminal justice system, there are no obstacles, where this choice is equivalent to the principles that speak about the Juvenile Law Enforcement Framework. One of the places in his choice, the judge chose to be imprisoned for a long time with a probationary period of half a year in prison, deducted from the period of imprisonment and a monetary fine of Rp. 2,000,000,- (two million rupiah) with the provision that if the fine cannot be paid, it will be replaced by detention for more than 90 days. In fact, article 71 paragraph (3) states that assuming the punishment is in the form of a financial fine, the total punishment will be imposed as detention and the fine will be replaced with work preparation. This implies that fines for children who are struggling with the law should be fixed on the assumption that they cannot meet the agreed fines, for example, work preparation. Keywords: Legal perspective, sexual harassment, minors
PERTANGGUNGJAWABAN PIDANA PERUSAHAAN ANGKUTAN UMUM KETIKA TERJADI KECELAKAAN LALU LINTAS Fardadinata, Wahyu; Hartoyo; Astutik, Sri
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6875

Abstract

Every land transportation accident always causes losses only to users, both moral and material. Especially accidents involving public transportation. Public transportation companies pay little attention to aspects of security, comfort, safety, affordability, equality and regularity of passengers. This research uses a normative juridical research type with a problem formulation, namely: How is the legal protection for public transportation consumers when a traffic accident occurs and what is the criminal liability of public transportation companies in the of a traffic accident. The research results are as follows: Legal protection for consumers/users of public transportation services is regulated in Law Number 8 of 1999 concerning Consumer Protection and in Law Number 22 of 2009 concerning Road Traffic and Transportation. In the context of the legal system in force in Indonesia, efforts or means that can be used to fight for people's rights can be achieved by implementing legal and criminal sanctions, in addition to This can also be done by filing a civil lawsuit with the court, or resolving the case through non-litigation channels, namely resolving disputes outside the court through the intermediary of other parties whose existence has been regulated in statutory regulations. Theoretically, public transport companies can be held criminally liable in the event of accidents caused by vehicle unfitness. However, this cannot be done in practice because the law does not clearly regulate in what cases and when a public transportation company can be said to have committed a criminal act. Keywords: Criminal Liability, Public Transportation Company, Traffic Accidents
EARLY CHILDHOOD SEXUAL ABUSE: THE ROLE OF CRIMINAL LAW IN PROVIDING JUSTICE FOR VICTIMS Tris Mulyana; Fatin Hamamah
Jurnal De Jure Muhammadiyah Cirebon Vol 7 No 2 (2023): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v7i2.6977

Abstract

Sexual abuse of young children is a form of crime that is very destructive, both physically and psychologically. In the context of criminal law, existing regulations are often questioned for their effectiveness in providing justice for victims. Theoretically, the concept of legal protection for children, especially in cases of sexual abuse, has been regulated in various national and international legal instruments. However, there is still a gap between the written law and its implementation in the field, especially in dealing with cases of sexual abuse against early childhood. The main problem discussed in this article is how criminal law is able to provide justice for victims of early childhood sexual abuse. The article also examines the challenges in the law enforcement process and the obstacles faced, including social stigma and lack of access to rehabilitation services for victims. The novelty of this research lies in the critical analysis of current criminal law mechanisms, along with proposed legal reforms to strengthen child protection. The main focus of the research is to assess the effectiveness of the criminal law in accommodating the needs of victims of early sexual abuse, especially in the context of post-traumatic rehabilitation and recovery. The purpose of this study is to explore the extent to which the criminal law in Indonesia has succeeded in providing justice for victims of early sexual abuse and to identify factors that hinder the effective implementation of the law. The research methodology used a qualitative approach with a case study method. Data was collected through in-depth interviews with legal practitioners, child protection activists, as well as a review of relevant legal documents. The research also analyzed several cases of early childhood sexual abuse to assess the application of criminal law at the practical level. The results show that although the criminal law in Indonesia has provided a basis for legal protection for children, implementation in the field still faces various obstacles, including weak coordination between law enforcers, lack of sensitivity to victims, and lack of rehabilitation efforts that focus on victim recovery. The implications of this research are expected to serve as a basis for policy makers to formulate concrete steps to improve the criminal justice system, including by increasing the role of rehabilitation services and providing specialized training for law enforcement officials in handling cases of sexual abuse against young children
INTEGRITAS AKADEMIK DAN PENEGAKAN HUKUM PIDANA: MENGKAJI PENYALAHGUNAAN KEKUASAAN DAN DAMPAKNYA PADA TENAGA AKADEMIK UNIVERSITAS R. Melly Sugiarti; Fatin Hamamah
Jurnal De Jure Muhammadiyah Cirebon Vol 7 No 2 (2023): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v7i2.6984

Abstract

The enforcement of criminal law in a fair justice system is an essential element to ensure social justice and respect for human rights. However, abuse of power in the law enforcement process can have far-reaching effects, including in academia. This research examines the relationship between academic integrity and the potential for abuse of power in criminal law enforcement, and its impact on the performance of academic personnel at universities. In this context, abuse of power refers to unfair or arbitrary actions by law enforcement in handling criminal cases that can affect the atmosphere of academic freedom, professionalism and objectivity in higher education. This research aims to explore how injustice in law enforcement can disrupt the performance of academic personnel, create uncertainty, and reduce trust in the legal system. Using a qualitative approach, this study identifies the impacts that can arise in the interaction between criminal law and higher education institutions, and provides recommendations to strengthen academic integrity in the face of potential abuse of power
Perlindungan Hukum Bagi Penerima Manfaat Dana Pensiun Yang Mengalami Keterlambatan Pembayaran Rachel, Leviana; Maengkom, Yuliana Risna; Napitupulu , Diana R.W.
Jurnal De Jure Muhammadiyah Cirebon Vol 9 No 1 (2025): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v9i1.7091

Abstract

Pension beneficiaries are parties who have the right to receive timely payments as stipulated in the applicable regulations. Delays in the implementation of pension payments can have adverse consequences for beneficiaries, not only in terms of material losses, but also non-material losses, such as disruption in the fulfillment of daily financial needs that are mandatory. This research focuses on analyzing the forms of legal protection that have been available to pension fund beneficiaries who face the problem of late payments, as well as assessing the extent of the effectiveness of existing regulations in ensuring the fulfillment of their rights. The methods applied in this study include a normative legal approach combined with real case studies as concrete illustrations. A comprehensive analysis was carried out on various sets of laws and regulations related to pension funds, ranging from laws, government regulations, to policies issued by pension fund management institutions. Based on the results of the study, it was found that although the legal framework for the payment of pension funds has been designed, the application of sanctions against late payments still has significant weaknesses. Furthermore, the existing dispute resolution mechanisms show a tendency to take a long time, which ultimately worsens the conditions of the beneficiaries. From these findings, the study recommends revisions to existing regulations, including the drafting of additional rules that are stricter on the provision of sanctions, as well as efforts to improve efficiency in dispute resolution mechanisms. With stronger legal protections, it is hoped that the rights of pension fund beneficiaries can be better guaranteed, while the risk of late payments can be minimized in the future.  Keywords: Legal protection, Pension fund recipients, Laws and Regulations, Government Policy, Right to timely payment.
Proses Pra-Peradilan dalam Tindak Pidana Terorisme : Pelanggaran Hak Asasi Manusia Terhadap Upaya Paksa Yang Dilakukan Oleh Kepolisian Biruni, Zahid Ghulam; Miskiah, Siti
Jurnal De Jure Muhammadiyah Cirebon Vol 9 No 1 (2025): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v9i1.7151

Abstract

This research aims to analyze the Pre-Trial process in handling terrorism criminal acts in Indonesia, highlighting the implications of potential human rights (HAM) violations arising from coercive measures by the police. This study examines the crucial role of Pre-Trial as a judicial oversight instrument of police actions during the investigation, identifying potential human rights violations such as arbitrary arrests and detentions, torture, and restrictions on the rights of suspects. Furthermore, this research explores the challenges of effective Pre-Trial implementation in the context of the urgency of counter-terrorism and public pressure, as well as formulating policy recommendations to strengthen oversight, guarantee the protection of suspects' human rights, and create a balance between effective law enforcement and the state's obligation to uphold the rule of law. Keywords: Pre-Trial, Terrorism, Human Rights, Law Enforcement.

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