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M Fauzi
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fauzi.sh@gmail.com
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risalahhukum@gmail.com
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INDONESIA
Risalah Hukum
Published by Universitas Mulawarman
ISSN : 0216969X     EISSN : 27233766     DOI : https://doi.org/10.30872/risalah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Risalah Hukum merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Mulawarman sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Volume 17, Nomor 1, Juni 2021" : 6 Documents clear
Problematika Penanganan Pengungsi di Indonesia Dari Perspektif Hukum Pengungsi Internasional Cipta Primadasa Primadasa; Mahendra Putra Kurnia; Rika Erawaty
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.380

Abstract

A refugee is a person who, due to a well-founded fear of persecution, for reasons of race, religion, nationality, membership of a particular social group and membership of a particular political party, is outside his country of nationality and does not want protection from that country. The refugees, seeking protection in countries that have ratified the 1951 Refugee Convention and the 1967 Protocol or what is often referred to as a third country. This study describes and examines issues, first, regarding the handling of refugee flows in Indonesia according to the perspective of International Refugee Law. Second, Regarding the legal consequences when Indonesia did not ratify the 1951 Refugee Convention agreement and the 1967 Refugee Protocol regarding the status of Refugees to international Refugee law. This study is a descriptive doctrinal legal research. The source used is primary legal material consisting of legal products such as the 1945 Constitution, Laws, International Treaties and other Regulations relevant to Refugee Handling activities. The results of the research show that first, the action of handling refugees in Indonesia from the perspective of international refugee law has been able to realize some of the most important principles of the 1951 Convention and the 1967 protocol on refugee status that is not refoulment, non-expulsion, no differentiate (non discrimination) and also do not commit criminal offenses for refugees who enter Indonesian territory. Secondly, Indonesia as a transit country for asylum seekers and refugees experiences a buildup of refugee flows due to the process of granting an uncertain status of time from UNHCR and moreover, a third country limits the acceptance of refugees. Indonesia did not ratify the 1951 convention and the 1967 protocol and therefore Indonesia did not have the authority to grant refugee status because the granting of status was in the hands of the UNHCR, this was a legal consequence and consequences carried by Indonesia when it did not ratify the 1951 Convention and the 1967 Protocol. Keywords: Conventions; Refugees; Indonesia Law.
Pertanggungjawaban Hukum Terhadap Tindakan Agen Diplomatik Dari Negara Pengirim Yang Melakukan Spionase Di Negara Penerima Ahmad Sandy Dewana; Akbar Kurnia Putra
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.440

Abstract

Abuse of authority by diplomatic officials from member countries of the 1961 Vienna Convention for personal gain or certain groups is still common. This situation is undoubtedly contrary to their duties and functions as representatives of their country. The formulation of the problem raised is how to form a legal settlement based on the 1961 Vienna Convention and the Optional Protocol concerning the Requirement to Settle Disputes. The research method used is a normative juridical type with a Legislative, Conceptual, and Case approach. The primary legal materials used are the Vienna Convention On Diplomatic Relations April 18, 1961, and the Optional Protocol Concerning the Compulsory Settlement Of Disputes Of Vienna Convention On Diplomatic Relations; Meanwhile, the secondary legal materials used are books, research journals, research reports, various scientific works, articles and various other sources that can support primary legal materials; Tertiary legal materials consist of dictionaries, internet, and so on that can support primary and secondary legal materials. The results of this study indicate that apart from Persona non-Grata, there are other ways to impose sanctions on diplomatic agents who abuse their authority, in this case, espionage activities. Keywords: Diplomatic Agent; Espionage; Sending State
Pendekatan Problem Solving Bhabinkamtibmas Dalam Pembinaan Keamanan Dan Ketertiban Masyarakat Di Desa Bunder Kecamatan Susukan Kabupaten Cirebon Abdul Wahid Wahid; Galih Rinenda Putra
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.491

Abstract

Forms of law violations that often occur are minor persecution, fights, and others. Violations of these laws can cause conflicts and disturbances for others and can lead to clashes between groups. This type of research is qualitative research, using a field research approach, producing descriptive data in the form of the Bhabinkamtibmas Problem Solving Approach in Community Security and Order Development. The purpose of this study was to determine the problem-solving approach of Bhabinkamtibmas in fostering security and public order in Bunder Village, Susukan District, Cirebon Regency. The results of this study are that Bhabinkamtibmas supervises the settlement of criminal acts of persecution through penal mediation at the Susukan Police Station and provides a place for the litigants to negotiate to obtain a peace agreement. The settlement of criminal acts of persecution through penal mediation at the Susukan Police, Cirebon Regency can only be done once. Perpetrators of criminal acts of persecution whose cases have been resolved by penal mediation and if they repeat the crime will be processed according to the applicable laws and regulations until the judicial stage, provided that investigators attach evidence of a statement made by the perpetrator of the crime. Keywords: Approach; Problem Solving; Bhabinkamtibmas
Restitusi Sebagai Wujud Pemenuhan Hak Korban Tindak Pidana Kekerasan Seksual di Indonesia Maria Novita Apriyani
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.492

Abstract

Sexual violence cases are rife in our environment. The current Criminal Code (KUHP) only focuses on punishing the perpetrators and has not considered the best legal remedies for victims of sexual violence. This study aims to determine the implementation of restitution to fulfill the rights of victims of sexual violence crime. This research is an empirical study by looking at the implementation of restitution of the laws and regulations run by the Witness and Victim Protection Agency (LPSK). The results of this study indicate that the victim's application for restitution can be submitted through the LPSK along with the criminal process, even starting from the beginning of the investigation. The challenges faced by LPSK as an institution that facilitates restit ution for victims of sexual violence include. The a limited number of psychologistsin some areas. Lack of support from the community. The fulfillment of restitution rights that have not been implemented effectively. The obstacle experienced by law enforce ment officers in implementing restitution for victims of sexual violence is that there has not been a coercive effort for perpetrators of sexual violence to pay restitution decided in court. Keywords : Implementation; Restitution; Victim; Sexual Violence
Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.

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