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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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Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara Dayana, Ismi; Purwanto; Subroto, Aryo
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.893

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.
Perlindungan Hukum Tenaga Kesehatan dari Penyerangan Kelompok Kriminal Bersenjata Mubarok, Mohammad Imam; Sutrisno
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.917

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.918

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.
Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia Irawan, Dedy; Retno Susmiyati, Haris; Gusta Andini, Orin
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.961

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; Putra Kurnia, Mahendra; Erawaty, Rika
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1015

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1023

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 Kurnianingsih, Marisa; Iksan, Muchamad; Kuntoro, Cahyo; Sartanto, Alfath
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1026

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i2.1124

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i2.1176

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i2.1307

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.

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