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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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Bantuan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Indonesia Adinda Khairun Nisa; Nicka Tri Mulyasari
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Sexual violence against children and women is a problem that is rife lately. The number of children who become victims of sexual violence cases is due to the mindset that these children are considered helpless. The government and also related institutions to prevent cases of sexual violence against children and women have made various efforts, for example, in terms of policies and also firm regulations.  This research uses descriptive research with the type of research is normative juridical. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, many obstacles are still encountered. These constraints are both constraints from internal factors and also constraints from external factors. The implementation of legal protection for child victims of sexual violence, in reality, still cannot be implemented optimally following the policies of existing laws and regulations in Indonesia. Enforcing the law in the criminal act of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family, and the community by imposing maximum punishment and strict sanctions for perpetrators of sexual violence against children.
Urgensi Pos Bantuan Hukum (Posbakum) Dalam Pemenuhan Hak Terdakwa Di Rutan Boyolali Marisa Kurnianingsih; Muchamad Iksan; Cahyo Kuntoro; Alfath Sartanto
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Indonesia is a state of law, but many people do not comply with the law. In 2018–2020, the number of crimes in various regions of Indonesia continues to increase, and Boyolali Regency is no exception. This means that many people who act as perpetrators of criminal acts have to deal with the legal process. With so many people becoming defendants, the state has an obligation to ensure that the rights of the accused are fulfilled, one of which is the right to get free legal assistance through the presence of Posbakum both at detention centers and at the District Court. However, many defendants did not know or use their rights. This study used a qualitative, non-doctrinal approach by seeking informants to find out about the role of Posbakum and efforts to optimize Posbakum in the Boyolali detention center. From this research, it will be known that Posbakum has a role in fulfilling the rights of the accused during the process of dealing with the law and the efforts made by the Boyolali detention center in realizing the rights of the accused who are undergoing detention there.
“Kotak Kosong” Bernama Paket Paralel Perizinan: Sebuah Content Analysis Kewenangan Perizinan Oleh Pemerintah Daerah Pasca Undang-Undang Cipta Kerja Muhammad Najih Vargholy; Mohamad Rifan; Syahrul Sajidin; Liavita Rahmawati
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The psychological condition of forming laws and regulations that lead to investment optimization through various licensing and investment policies is an important aspect in viewing the diorama of licensing developments in Indonesia, one of which was initiated by Law Number 11 of 2020 on Job Creation. Displacement specimen decentralized to semi-centralized licensing is one of the consequences of the policy package in the Job Creation Law. This paper was written using the normative research method with 4 (four) types of approaches: statute, conceptual, comparative, and futurist. The discussion in this paper boils down to licensing rationalization at the regional level which is termed "Empty Packages'', although the regulatory framework related to licensing directs regional authorities to make licensing packages through PMPTSP and facilitated by Public Service Malls. This altruism towards the phrase "Empty Package" is due to socio-juridical problems in each region for their role in maintaining the health of regional investment at a point dilemma. In addition to the basic regulations in controlling/authorizing permits, there are several problems. The logical consequence is that the regional government does not have the authority in terms of enforcing business licenses that are factually contrary to the socio-juridical conditions of the region. So that in the future the results of this research need to be designed interregional linkages which directs licensing policies to be in line with central-regional investment needs with several limitations such as the size of urgent needs, feasibility, and major changes.
Meningkatkan Ketahanan Pangan Provinsi Kalimantan Timur Melalui Haki Atas Varietas Tanaman Padi Kuspraningrum, Emilda; Triyana, Lily; Noor Asufie, Khairunnisa; Hediati, Febri Noor
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Samarinda is the capital city of East Kalimantan Province which has an area 718.23 km² covering 10 Districts. East Kalimantan in general and Samarinda in particular are areas with tropical rain characteristics so they have soil types latosol who have low fertility rates. In order to meet the needs of the rice shortage, a thought is needed to create a generation of rice with a strong type and is suitable for planting on this infertile soil. It is necessary to involve the role of the government, local farmers and/or researchers to find and develop superior varieties of rice plants that are suitable for planting in the Samarinda region, this is intended to encourage the creation of new varieties of rice and protect the idea of ??creating new varieties of rice plants through intellectual property rights so that provide a better economic impact for all parties and maintain food security in the city of Samarinda. The research conducted is normative research, the discussion in this study leads to the utilization of plant variety protection so that it has a positive impact not only for plant breeders but also for the people of Samarinda city, as stated in Article 1 paragraph 4 of Law Number 29 of 2000 concerning varieties Plants, plant breeding is a series of research and testing activities or activities of discovery and development of a variety, in accordance with standard methods to produce new varieties and maintain the purity of the seeds of the varieties produced.
Kekuatan Hukum Informed Consent Dalam Praktek Euthanasia Di Indonesia Atriani, Dewi; Yulianto, Ade Yusuf
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

The existence of informed consent is a stronghold for doctors to act calmly after the permission of the patient or the patient's family, while euthanasia is defined as the act of "lethal injection" to patients who have suffered greatly with very little or no chance of recovery. The purpose of this research is to find out how the regulation of informed consent, euthanasia and the legal force of informed consent in protecting doctors who practice euthanasia in Indonesia. This research uses a normative method by examining library materials and laws regulating to resolve the legal issues. From this study, it is found that informed consent has been regulated in Law No. 17 of 2023 concerning Health, Minister of Health Regulation No. 290/MENKES/PER /III/2008 concerning Consent for Medical Actions and other regulations related to the approval of medical actions, while the regulation of euthanasia is only limited to active euthanasia in Article 461 of the Criminal Code. The legal force of informed consent cannot protect doctors in the practice of euthanasia in Indonesia, due to the non-fulfillment of the legal requirements of the agreement based on Article 1320 of the Civil Code and the absence of specific euthanasia regulations other than the provisions of active euthanasia which are included in criminal acts against life or murder.
Reformulasi Pemimpin Usia Muda Sebagai Calon Presiden dan Wakil Presiden: Tinjauan Ius Constituendum Razak, Askari
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/T3ER3ASW

Abstract

This study examines the reformulation of age requirements for young leaders as candidates for President and Vice President, reflecting a shift in leadership preferences within society. The aim is to analyze the rationality of the minimum age restrictions for presidential and vice-presidential candidates and to formulate an ideal change through the ius constituendum approach, to create opportunities for the emergence of young leaders in line with contemporary political aspirations. The normative method is used with a legislative and conceptual approach through literature review and qualitative data analysis. The results show that the minimum age restriction of 35 years aims to ensure the quality of mature national leadership, although some argue that it has the potential to hinder the emergence of innovative young leaders. The ideal formulation of changes is to revise Article 6A paragraph (1) to lower the minimum age limit to 30 years, based on principles of democracy and non-discriminatory political rights based on age, involving public participation and constitutional mechanisms.
Urgensi Perubahan Undang-Undang Nomor 20 Tahun 2013 tentang Pendidikan Kedokteran Kurnia Ningsih, Hilda; Herning Sitaboeana, Toendjoeng
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i2.1373

Abstract

Law Number 20 of 2013 on Medical Education serves as the primary legal basis for the implementation of the medical education system in Indonesia. This article identifies several critical issues in the implementation of medical education, including high tuition fees, substandard quality of graduates, uneven distribution of doctors across Indonesia, ambiguity regarding professional organizations, and problems with the Competency Test for Medical Education Students (UKMPPD) considered unjust. This research utilizes a juridical-normative research method to elaborate on these issues by detailing applicable legislation. The findings emphasize the urgency of amending the Medical Education Law to ensure public access to quality doctors, equitable distribution across regions, and recommend abolishing the UKMPPD perceived as unjust for medical students. These changes are expected to create a more inclusive, efficient, and responsive medical education system to meet the needs of the Indonesian population. By adhering to these recommendations, it is hoped that the organization of medical education can produce graduates better prepared to face the challenges of the medical profession and provide quality healthcare services to the people of Indonesia
Tanggung Jawab Bank Kepada Nasabah Pasca Putusan Pengadilan Tindak Pidana Korupsi Pegawai Bank Erna Susanti; Sulung Nugroho
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/awmdjg53

Abstract

Customers are a crucial factor in the world of Banking. However, it is not uncommon for customers who have fully entrusted their confidence to the bank to become victims of the negligence of individuals within the bank. This research is conducted with the objective of ascertaining the nature of the bank's responsibility following the judgment of Court Decision Number 21/Pid.Sus-TPK/2019/PN Smr, in cases where customers incur losses due to criminal activities committed by bank employees. The protection of banks for Bank Customers is regulated under Law No. 10/1998 regarding Amendments to Law No. 7/1992 regarding Banking. Normatively, the bank is accountable in cases where losses occur as a result of criminal acts by internal individuals, not only the perpetrators but the bank is also jointly responsible in accordance with the explanation found in the Indonesian Civil Code (KUHPer), specifically Article 1367. Regarding customer protection, banks do not solely rely on civil law enforcement, as expected through sanctions and compensation claim mechanisms. Criminal law provisions also include regulations that can safeguard consumers, such as licensing and supervision mechanisms. Indirect protection afforded to customers in the event of criminal acts in the field of banking is established through a series of statutory regulations, such as Law No. 8/1999 regarding Consumer Protection, as well as regulations that can ensnare wrongdoers, such as Law No. 10/1998 regarding Banking, Law No. 11/2008 regarding Electronic Information and Transactions, and Law No. 20/2001 regarding the Eradication of Corruption. Meanwhile, the direct protection provided by banks to their customers involves meticulous planning based on the principle of prudence, as stipulated in Article 29 of Law No. 10/1998 regarding Banking.
Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli Puspita Wardani, Rila; Iftitah, Anik; Yuliastuti, Eko; Alfaris, Moh.; Widhiandono, Erwin
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/bx6v2d17

Abstract

This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.
Sinkronasi Konsep Pemaafan Hakim Sebagai Wujud Asas Restorative Justice Dalam Hukum Acara Pidana Ayu Dian Ningtia; Ahmad Faris Shofa
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/wywhjp85

Abstract

The development of the criminal system does not only rely on the punishment of defendants, but has led to aligning the interests of victim recovery and defendant accountability by using a restorative justice approach; that the restorative justice approach has not been sufficiently regulated in the criminal justice system, especially regarding the types of cases, conditions and procedures for its application at the trial level to decisions containing a restorative justice approach. Several provisions in the 2023 Criminal Code are considered to need to be harmonized with the 1981 Criminal Procedure Code and the 2012 RKUHAP, one of which is the concept of judge forgiveness (rechterlijk pardon). Regarding these provisions, neither the 1981 KUHAP nor the 2012 RKUHAP have regulations regarding the mechanism for implementing social work crimes and supervision crimes, including ministries/agencies or parties involved in its implementation. This normative juridical research is intended as a recommendation to strengthen the implementation of judge forgiveness as a form of restorative justice by making the necessary adjustments to criminal procedural law reform in Indonesia to ensure the criminal justice system continues to run effectively, fairly and justly. in accordance with applicable legal principles. including in accordance with material provisions.

Page 18 of 23 | Total Record : 222

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