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Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 10, No 1 (2024): Jurnal Idea Hukum" : 8 Documents clear
The Rule of Law and the Principle of Equality Before the Law: Theory and Its Manifestation in Indonesia Marzuki, Ismail
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.495

Abstract

The rule of law and the principle of equality before the law require the lives of the nation and state without arbitrariness and discrimination. The state constitution should provide protection to citizens; in judicial practice, it turns out that not a few justice seekers, especially ordinary people, find injustice. The purpose of this research is to examine the concept of the rule of law and the principle of equality before the law philosophically, and what its manifestations are in Indonesia. This study uses a normative juridical method with a legislative approach and a conceptual approach. The results show that the rule of law talks about "everyone" not "this group and that group.” While the principle of equality before the law contains the principle that all men are created as equal, that everyone is created as equal, especially with regard to basic human rights. Thus, the principle of equality before the law in the concept of the rule of law in Indonesia is believed to bring justice (access to justice) to anyone regardless of background because the essence of human beings has the same degree and therefore there should be no discriminatory treatment for any reason. Therefore, the conclusion of this research states that in the Indonesian state of law, the principle of equality before the law is not only formulated in the state constitution but is also recognized in various laws and regulations under it. In addition, the principle of equality before the law was implemented in various fields of citizens' lives, including the judicial world in Indonesia.
The Effectiveness of Legal Protection for Victims of Sexual Violence by the Child Protection Organization (LPA) Majalengka Farichi, Mahfud
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.464

Abstract

Article 18 of the Child Protection Law states that every child who is a victim or perpetrator of a criminal offense is entitled to legal protection. To realize the legal protection of children, the Child Protection Agency (LPA) is present to assist in providing legal protection to child victims of sexual violence, one example of the services provided is legal assistance. This article will reveal the effectiveness of legal protection and the inhibiting factors experienced by LPA. This article is a socio-legal research with primary data obtained from interviews at LPA Majalengka, an LPA located in West Java province. Majalengka is a district with a low level of reporting of sexual violence against children, which does not mean that statistically it is low but tends to be because people are confused and lack trust in the law enforcement process in cases like this. The results showed that the provision of legal assistance by the Child Protection Agency in collaboration with the Legal Counsel for children of sexual violence cannot be said to be effective, because there are still several obstacles in its implementation, starting from law enforcement officials, parents of perpetrators/victims as well as facilities and infrastructure and obstacles from the children themselves. Efforts made to overcome these obstacles require cooperation between related agencies to handle cases of victims of sexual violence against children, which can be achieved by holding regular meetings between agencies, namely, the LPA, police, prosecutors, courts, correctional centers, legal aid agencies, and non-governmental organizations that focus on children.
Effectiveness of the Implementation of Pokmas Lipas in Supporting the Social Reintegration of Correctional Clients of Bapas Class II Purwokerto Ellesse, Karinna; Nugroho, Hibnu; Budiyono, Budiyono
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.499

Abstract

Corrections are organized in an integrated manner between the supervisor, supervised, and community. Recognizing the important role of the community in supporting the social reintegration of correctional clients, the Ministry of Law and Human Rights of the Republic of Indonesia issued the Decree of the Director General of Corrections Number: PAS-06.OT.02.02 2020 dated February 10, 2020, concerning the Guidelines for the Establishment of Pokmas Lipas at Bapas, which will become a partner and forum for community empowerment. The results showed that the effectiveness of the implementation of Pokmas Lipas in supporting the social reintegration of correctional clients of Bapas Class II Purwokerto has not been effective by looking at data on the number of active Pokmas Lipas and the number of clients who follow Pokmas Lipas is very small compared to the total number of clients of Bapas Class II Purwokerto. The obstacles faced are that there is no further regulation on the guidelines for the working mechanism of Pokmas Lipas, the number of Community Supervisors is not proportional to the number of clients and the coverage of a very large work area, and there is still a negative stigma from the community towards clients. Suggestions that can be given are that it is necessary to immediately form a Regulation of the Minister of Law and Human Rights of the Republic of Indonesia concerning guidelines for the work mechanism of Pokmas Lipas, so that there are clear procedures in its implementation and increase the role of Community Supervisors in empowering Pokmas Lipas according to their respective levels.
Responsiveness of Law to Social Development Indriati, Noer
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum0
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.511

Abstract

The Challenge of Adapting the Rule of Law to Technological Developments Rusdiana, Emmilia
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.498

Abstract

The problem in the digital era is that technology is developing rapidly without being accompanied by sufficient legal rules.  Meanwhile, laws and regulations are always lagging and cannot achieve legal flexibility in society. One of the results of technological development is electronic sports matches. This research reviews the concept of cyber law and the development of information and technology, especially in dealing with electronic matches. This article aims to validate the legal concept of adjusting to the rules of law in the electronic field that applies in Indonesia. The research method is juridical normative with a legislative and conceptual approach starting from the origin of ideas and doctrines developed into a legal study.   First, is threat of e-sports offences. e-sports offences including sexual harassment, gender, and drugs can be addressed by the applicable regulations, namely the Electronic Information and Transaction Law. When there are developments in information and technology, these can be based on "unwritten" rules or laws that apply in society.  Secondly,  the gambling industry has the opportunity to influence the sustainability of e-sports competitions. An indication of corruption in e-sports competitions can be bribery, and this requires law enforcement with the Information and Electronic Transactions Law or also by using unwritten rules.
The Role of Bawaslu Bekasi Regency in Law Enforcement on Violations of Election Crimes in 2024 Wahyudi, Endik; Mardhiyyah, Chairunnisa
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.497

Abstract

Simultaneous General Elections which are held every 5 (five) years create a momentum that cannot be underestimated. To achieve honest elections, election organizers with integrity are needed, election organizers consist of the KPU (General Election Commission), Bawaslu (Election Supervisory Body), and DKPP (Election Organizer Honorary Council). Bawaslu is a body formed by the government to supervise elections. The purpose of this research is to determine "The role of the Bekasi Regency General Election Supervisory Agency in General Election Criminal Violations in the Implementation of the 2024 General Election". The author identifies the problem, namely what is the role of the Election Supervisory Body in enforcing election crimes in 2024 in Bekasi Regency and what obstacles are faced by the Election Supervisory Body in carrying out its role in enforcing election crimes in 2024 in Bekasi Regency. This research method uses empirical research methods with techniques using primary data through interviews with members of the Bekasi Regency Bawaslu and secondary in the form of laws, regulations, and other literature. The results of the research show that Bawaslu Bekasi Regency has an important role, namely supervising election crimes in the form of prevention and prosecution. Bawaslu Bekasi Regency has obstacles in carrying out its role, internal obstacles namely the number of human resources which are limited by law, and external obstacles such as the general public who tend to be apathetic. The Bekasi Regency Bawaslu has been effective in handling election crimes, this is based on the completion of all reports received by the Bekasi Regency Bawaslu.
The Position and Role of the Village Council in Making Village Regulations in Dawuhan Kulon Village, Banyumas Hartini, Sri; Budiyono, Budiyono; Kunarti, Siti; Haryanto, Tenang; Kupita, Weda
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.443

Abstract

Village Council (BPD) plays an important role in the formation of village regulation (Perdes). Strengthening the role of BPD in legislation is an effort to improve the quality of village regulation products. This is outlined in Article 61 Village Law, BPD is an institution that embodies democracy in the administration of village governance that functions to accommodate and channel community aspirations, carry out the task of supervising the performance of the Village Head, and together with the Village Head, discuss and agree on the draft village regulation in Dawuhan Kulon Village during 2020-2023 was 24 Perdes’s. One person was purely an initiative for BPD. This research shows that the Dawuhan Kulon BPD, in its role in the initiative to create village regulations, has not been optimal, as seen from the number of Perdes produced. BPD's position in carrying out aspirations is carried out through community activities. BPD places itself as an extension of the village community. Activities are carried out to socialize information on village development, accommodate community aspirations for village regulations, and agree with the Village Head. Recommendations from this research are formulated such that the community is aware that village regulation is a legal product for the benefit of the community; therefore, the community also needs to be involved. The BPD should socialize with its citizens through Rukun Tetangga meetings if there will be discussions and the creation of Perdes.
Corporate Mergers and Acquisitions from the Perspective of Competition Law (A Comparative Study Between Indonesia and Japan) Yugo Rahmanto, Gumelar Taufik
Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.1.494

Abstract

This research focuses on analyzing the implementation of mergers and acquisitions from the perspective of competition law through a comparison between Indonesian and Japanese laws. By conducting legal comparisons, it is hoped that points of improvement can be obtained for competition law in Indonesia in supervising the implementation of mergers and acquisitions. The research method used is doctrinal legal research (dogmatic legal research), with a legis-positivist approach that places the law synonymous with written rules compiled and promulgated by the authorities and sees the law as a normative system that stands alone, closed, and detached from society. Through this research, the author finds that the regulation of mergers and acquisitions in Indonesia from the perspective of competition law, when compared to Japan, is much slower in development. While countries like Japan have long embraced the pre-merger notification regime, Indonesia only adopted it in 2009, and it is regulated through the KPPU Regulation on Pre-Notification of Mergers, Consolidations, and Acquisitions (2009). This certainly creates a misalignment between the Unfair Competition Prohibition Law (1999), which adopts the post-merger notification regime, and the KPPU Regulation on Pre-Notification of Mergers, Consolidations, and Acquisitions (2009). Through this research, the author suggests that harmonization and synchronization between the post-merger notification approach adopted by the Unfair Competition Prohibition Law (1999) and the pre-merger notification approach adopted by the KPPU Regulation on Pre-Notification of Mergers, Consolidations, and Acquisitions (2009) are necessary. This is to avoid confusion among business actors and legal uncertainty that may distort the market.

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