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M Fauzi
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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 222 Documents
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Peraturan Pemeliharaan Anak dalam Hukum Adat Bali Akibat Perceraian Putusan No.36/Pdt.G/2016/Pn.Ng Lisa Aprilia Gusreyna; Siti Kotijah
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.806

Abstract

In Hinduism, divorce is highly avoided, because it is an act of Adharma or sin. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to develop child care in Balinese customary law due to divorce. Second, the writer wants to analyze the decision No.36/PDT.G/2016/PN.Ng. Based on the results of the study, it can be said that the Balinese patrilinear system is the basis for the struggle for children's rights, as a result of divorce both purusa custom, Hindu religion, and the Supreme Court decision No.36/PDT.G/2016/PN which places a man, namely the father. as a babysitter. Keywords: divorce; balinese customs; child care
Kapasitas Pemerintahan Afghanistan Rezim Taliban Baru sebagai Peserta dalam Perjanjian Internasional Miko Aditiya Suharto; Maria Novita Apriyani
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.818

Abstract

The decision by the United States and NATO to withdraw troops from Afghanistan is a golden opportunity for the ultraconservative political factions (Taliban) to take back their control of Afghanistan. This military invasion by the United States and NATO has caused a humanitarian tragedy and an extraordinary humanitarian crisis in Afghanistan since 2001 ago. The Taliban took control of the government in Afghanistan after the United States and NATO withdrew their troops from Chief Ashraf Ghani. This article is a legal scientific article that has been normatively researched, the approaches used in writing this article include the statutory approach and case studies (not a case approach). This article discusses the legitimacy of the occupation of the Afghan government by the Taliban regime, as well as the legal consequences that arise from international agreements that have been made and run from the previous government regime. Conclusion This Scientific Article states that the Status of the Government of Afghanistan by the Taliban is a Succession of Government and is legal under international law and the impact of this succession makes the current Regime Government a Successor of the previous government, so that the Rights & Obligations of the existing International Agreements remain binding on the State of Afghanistan even though it has been change government regime. Keywords: succession, taliban regime, afghanistan, international law
Pengajuan Kasasi Tindak Pidana Ringan (Studi Relaas Pemberitahuan Putusan Banding Nomor 164/Pid/2019/PT Smr) Ulfah Norhani; Ivan Zairani Lisi; Orin Gusta Andini
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Cassation Law is the right of the defendant or public prosecutor not to accept the court's decision. Cases categorized as minor crimes are cases where the threat of a criminal verdict is a maximum of 3 months of confinement/imprisonment and a fine, one of which is a criminal act of using land without permission. The purpose of this study is to review and analyze, first, the legal arrangements for filing appeals according to SEMA No. 8 of 2011 against cases of minor criminal acts of using land without permission Decision Number 164 / Pid / 2019 / PT Smr and legal considerations of the Bailiff of the Samarinda District Court in issuing a notice of appeal decision No. 164 / Pid / 2019 / PT Smr which explains that the defendant can apply for cassation. The results showed that the legal arrangement for filing an appeal according to SEMA No. 8 of 2011 against cases of minor criminal acts of using land without permission Decision Number 164 / Pid / 2019 / PT Smr is a case that is not eligible to be appealed because the criminal verdict falls on qualifications that are threatened with imprisonment under 1 (one) year. Legal considerations for the issuance of a notice of appeal decision No. 164/Pid/2019/PT Smr, which explains that the defendant can apply for an appeal based on the Bailiff being obliged to convey the Right of a Defendant because the defendant has the right to file an appeal and in Article 205 of the Criminal Procedure Code regarding the examination of minor crimes there is no specific mention of the prohibition of filing appeals.
Perlindungan Hukum Terhadap Hak Cipta Aplikasi Spotify Atas Pencantuman Fitur Spotify Codes Secara Komersial Finna Noor Eka Ayu; Deny Slamet Pribadi; Lily Triyana
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The sophistication of features in the Spotify application, namely Spotify Codes, is exploited by business actors by including them on products that are traded without the permission of the creator and/or copyright holder of the application. This act has violated the application's copyright, namely its economic rights. In addition, commercial inclusion or obtaining profits also causes losses in terms of economic rights to the creator and/or copyright holder of the Spotify application. This study uses a doctrinal research approach based on literature by analyzing primary legal materials and secondary legal materials. The results obtained from this study can be concluded that the legal protection of the copyright of the Spotify application in the form of preventive and repressive legal protection is contained in Law Number 28 of 2014 concerning Copyright. Furthermore, the form of civil liability for the commercial inclusion of the Spotify Codes feature is compensation for any unlawful act in accordance with the provisions of Article 1365 of the Civil Code in the form of copyright infringement. However, the application of legal protection and civil liability has not been maximized due to the nature of the complaint, so it requires a complaint from the creator or copyright holder of the Spotify application to be followed up.
Extrajudicial Killing dalam Kebijakan War on Drugs di Filipina Ditinjau dari Hukum Pidana Internasional Salasmita Salasmita; Mahendra Putra Kurnia; Rika Erawaty
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The threat of drug abuse in the Philippines has prompted President Rodrigo Duterte to intensify a campaign to combat it, through the War on Drugs, a program to neutralize drug abusers. However, the implementation of the policy is allegedly loaded with serious human rights violations in the form of extrajudicial killings committed against civil society. This research aims to analyze whether extrajudicial killings carried out in the War on Drugs Policy during the administration of President Duterte were qualified as gross human rights violations and the application of international court jurisdiction over the situation. The research method used in this research is doctrinal research. The results showed that extrajudicial killings in the Philippines met the elements of crimes against humanity so that they could qualify as gross violation of human rights. The International Community has rightly sought to enforce the law on this situation through the International Criminal Court with President Duterte as the individual who must be held responsible.
Perlindungan Hukum Tenaga Kesehatan dari Penyerangan Kelompok Kriminal Bersenjata Mohammad Imam Mubarok; Sutrisno
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Indonesia is a country rich in ethnicity, language and culture spread from Sabang to Merauke, with a population of 273.5 million. For this reason, a rule of law is needed to regulate and protect every plural society in Indonesia, especially in the field of human rights. This research uses normative juridical research. carry out law enforcement in the field of human rights and related to legal protection for medical personnel who are victims of the KKB attack which is linked to Law No. 26/2000 and regulations related to legal protection and human rights enforcement. The results of the study show that the legal process for the KKB attack case against health workers is still hampered by the implementation of regulations that have not worked properly. The continued impact of this condition will cause human rights violations to occur which in the end will also hamper the fulfillment of human rights for the people of Papua at large. The Indonesian government needs to further encourage institutions working in the field of human rights to make various efforts to carry out their functions more optimally.
Penegakan Hukum Bagi Pelaku Pembuatan Dan Penyebaran Scam page (Studi Di Kepolisian Daerah Jawa Timur) Radya Dzuhrizha Rahmana; Adhitya Widya Kartika
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

In this thesis research, the author uses the empirical juridical method, meaning a research that has achievements in finding theories about the law enforcement process for community crimes. This research also aims to see and understand law enforcement for the perpetrators of creating and spreading scams. The data sources of this research were obtained from interviews with IPTU Niken Charisma Lahardi, S.E. as Investigator of the Sub Directorate V of the Cyber ??Crime Unit of the East Java Regional Police and data were obtained from the Sub Directorate V of the East Java Regional Police of the Cyber ??Crime Unit, legislation, and literature. The results of this study concluded that the perpetrators of creating and spreading scampages in 2021 were 1 case with 2 suspects. Law enforcement carried out by the Sub-Directorate V of the Ditreskrimsus Cyber ??Unit of the East Java Regional Police is based on and takes into account the elements of law enforcement, namely legal certainty, legal benefits and legal justice. In law enforcement, there are factors that influence it, namely in the form of law enforcement officials, legal factors, community factors, facilities and facilities factors and also legal culture factors. Based on the analysis that the author carried out in law enforcement carried out by the East Java Regional Police using the theory put forward by Joseph Goldstein, which is very relevant is the theory of actual law enforcement or actual enforcement because the theory is actual law enforcement which has limitations in it. Law enforcement according to Lawrence M. Freidmanm's theory, the Regional Police of East Java is based on legal culture.
Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara Ismi Dayana; Purwanto; Aryo Subroto
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

One of the forms of transfer of regional property is through a grant with the approval of the regent. However, civil servants as recipients of land grants in 2008 and 2014 have not been able to issue them as Certificates of Ownership. This study aims to identify the inhibiting factors for the issuance of Property Rights Certificates, as well as to analyze legal certainty regarding land and building ownership for buyers and to find out the forms of efforts that can be taken by grantees. This study produces and proposes the following findings: First, the inhibiting factors in the issuance of certificates of property rights at the Korpri Griya Mutiara Indah housing estate in North Penajam Paser are the legal substance factor and the legal factor. second, the legal certainty of land and building ownership for the buyer in the form of Building Use Rights on the land of Management Rights which is still a regional asset and the efforts that can be made by the recipient of the land grant for the Korpri Griya Mutiara Indah Housing in North Penajam Paser can be done first. through the Regional Finance and Assets Agency, which then develops regional property in the form of land with management rights, approval from the DPRD is needed so that civil servants can apply for an upgrade to a Certificate of Ownership to the land office of North Penajam Paser Regency.
Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia Dedy Irawan; Haris Retno Susmiyati; Orin Gusta Andini
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The wrongful arrest by investigators simultaneously occurs during the arrest process, resulting in a violation of someone's human rights. The responsibility of investigators for wrongful arrests has been regulated in the Criminal Procedure Code and the police professional code of Ethics. The research approach used is a socio-legal approach that aims to find out two main points of discussion. First, the author wants to know and analyze the legal responsibility of investigators who commit wrongful arrests from the perspective of criminal law and human rights. Second, the writer wants to know and analyze the enforcement of criminal responsibility laws against investigators who commit wrongful acts of arrest in the Kutai Kartaneagara Police area. Based on the results of the research, it can be concluded that the responsibility of the investigator is towards the occurrence of wrongful arrests from a criminal law perspective, namely by imposing sanctions on the professional code of ethics of police and disciplinary law or further regulated in Article 13 PP No. 1 of 2003 concerning the Intentions of Members of the National Police of the Republic of Indonesia. Apart from that, from a human rights perspective on wrongful arrests, investigators must be processed following Perkap No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in implementing the Duties of the Republic of Indonesia Police. Then the obstacles in enforcing the criminal law against wrongful arrests are caused by the lack of strict application of the police code of ethics sanctions against investigators, specifically regarding sanctions against investigators who violate the police code of ethics.
Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara Turnip Mega Marta; Mahendra Putra Kurnia; Rika Erawaty
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.

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