Jurnal Idea Hukum
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
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<![CDATA[RESOLUSI KONFLIKTERHADAP PERISTIWA KEKERASAN STRUKTURAL DI KELURAHAN BARA- BARAYA, KOTA MAKASAR, PROVINSI SULAWESI SELATAN ]]>
<![CDATA[Adi, Luthfi Kalbu]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.154
<![CDATA[The Indonesian National Army (TNI) has obligation to carry out its duties andfunctions to protect the honour and sovereignty of the Unitary Republic of Indonesia from other countries’ aggression. It rigidly containes in the TNI Law and its derivatives. But in some areas, TNI contributes to be one of the parties who involves in a conflict. Instead of mediating, its presence actually shows preference to one of the side including the conflict in Bara Baraya, Makassar. TNI is at the forefront in the process of evicting in the former housing complex of KODAM XIV Wirabuana/ Hasanuddin. Inevitably, in the end it provoked a backlash from local residents. This incident lefts a number of irregularities: (1) TNI does not have authority as a law enforcement apparatus (2) Execution of settlements is not based on any court decision. The method used in this research is sociological juridical research. Sources of legal material contained in this study from primary, secondary and tertiary legal materials with data collection techniques based on in-depth interviews and literature studies which processed and analyzed by descriptive analysis methods. Based on the results of the study, it was found that there are two triggering factors that often cause conflicts in South Sulawesi, namely strategic location factors and economic and cultural values of the Makassar people who are uncompromising when facing issues related to self-esteem. Methods of settlement which tend to be authoritarian, place the community in unequal position. Of course, in turn, the problems that began with civil disputes, expanded into structural conflicts. It should be that each party voluntarily is willing to think in an equal position and let go of each other's selfishness in order to create a pattern of resolution that is not only acceptable, but also lasts for a long period of time.]]>
<![CDATA[JUDEX FACTI DAN JUDEX JURIS SEBAGAI PERTIMBANGAN DALAM MEMUTUS PERKARA TINDAK PIDANA PADA TINGKAT KASASI (Studi Tentang Asas Kebebasan Hakim dan Konsistensi Putusan Dalam Peradilan) ]]>
<![CDATA[Kristanto, Ardi]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.159
<![CDATA[In this study the authors used a research method with a normative juridicalapproach with descriptive analytical research specifications, which was conducted bydescribing what it is about legal events or legal conditions which then draw conclusions from the problem objects associated with legal theories and practice of implementing positive law using secondary data source. The secondary data that the author uses is primary legal material, which is the decision of the Supreme Court at the cassation level and the tertiary legal material in the form of books, journals and scientific papers on law. Based on the results of the study it was concluded that the basis for judges' consideration in applying judex facti and judex juris, in prosecuting criminal cases is because the Supreme Court interpreted Article 253 Paragraph (1) letter a of Law Number 8 of 1981 of KUHAP, because according to the Court Agung to carry out the provisions of the Article the Supreme Court must assess the facts in the hearing. However, the consideration of judges at the level of cassation in applying judex facti and judex juris, is beyond the authority of the Supreme Court in adjudicating criminal cases at the cessation level as stipulated in Article 253 Paragraph (1) of KUHAP, for reasons of cassation that can be justified by the law in the case A criminal offense is an error in the application of law and a legal proceeding at the lower level, not in the examination of evidence and in the assessment of facts]]>
<![CDATA[PROBLEMATIKA PELAKSANAAN PEMILIHAN KEPALA DESA SERENTAK PASCA UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (Studi Di Kabupaten Tegal) ]]>
<![CDATA[Nuriman, Nuriman]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.155
<![CDATA[Democracy stands on the principle of equality, namely that every citizen has equal rights and positions within the government, in which case the people are given the power to participate in determining the government that the authority of the ruler comes from the legitimacy of the people. To find out and analyze the problematic that occurred in the Implementation of Village Head Selection Simultaneously After Law No. 6 of 2014 about villages in Tegal Regency and to provide solutions so that similar problems do not occur again. The approach method used in this study is the normative Juridical method. The data analysis used is qualitative analysis. In the case of simultaneous village head selection in Tegal Regency year 2017 due to the symmetrical coblosan of many valid ballots declared invalid by the Village Head Selection Committee so that many parties do not accept the results of the election of the Village Head simultaneously. In addition, invalid ballots are much more than the highest vote-get-off of village chiefs.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP DUGAAN TINDAK PIDANA MONEY POLITICS (POLITIK UANG) PADA PEMILIHAN UMUM TAHUN 2019 DI KABUPATEN PURBALINGGA ]]>
<![CDATA[Araminta, Renara Theazita]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.160
<![CDATA[Elections are one of the most tangible forms and ways to implement democracy asa form of people's sovereignty, so the people through the General Election will choose its leader. If democracy is defined as the government of, by, and for the people, so that the way of the people to determine that government is done with elections. Approach Method used by Sociological Juridical with Descriptive Research Specifications. Used Data Sources are Primary Data and Secondary Data. Method of Data Collection by Way of Interview and Literature Study. Narrative Presentation Method with Qualitative Analysis Method. The mechanism of law enforcement against money politics (money politics) crimes uses reference to The Regulation of the Election Supervisory Board of the Republic of Indonesia No. 7/2018 on The Handling of Findings and Reports of Election Violations Article 2 paragraph (2) Bawaslu, Bawaslu Province and/or Bawaslu District/City, Panwaslu Subdistrict, Panwaslu Village/Village, Panwaslu LN and/or TPS Supervisor shall carry out a crackdown on alleged election violations. Law enforcement against alleged crimes of money politics or money politics in the 2019 Elections in Kabuapten Purbalingga conducted by The Center of Gakkumdu Purbalingga District has been done to the maximum by predicing the existing rule of law, namely by referring to Law No. 7 of 2017 on Elections and Regulations of the Electoral Supervisory Board No. 7 of 2018 on The Handling of Findings and Reports of Election Violations.]]>
<![CDATA[EFEKTIVITAS PEMINDAHAN NARAPIDANA TERORISME DALAM PROGRAM PEMBINAAN (Studi di Lembaga Pemasyarakatan Kelas IIA Pasir Putih Nusakambangan ) ]]>
<![CDATA[Alam, Syamsir]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.156
<![CDATA[The Crime of Terrorism can be categorized as mala per se or mala in se, classifiedas a crime against conscience, being something evil not because it is regulated orprohibited by the Act, but rather because it is essentially classified as natural wrong or acts wrong in themselves, and not a prohibita mala which is classified as a crime because it is regulated accordingly by law. The purpose of the research is to analyze the effectiveness of the implementation of the transfer of terrorism inmates in thedevelopment program at the Grade IIA Correctional Institution of Nusakambangan White Sand. The approach used is empirical approach or socio legal research. Analytical descriptive research specifications. The process of transferring inmates can basically be translated into two meanings, namely the process of execution of punishment where it is not carried out in a place where the verdict is read but in another legal area or in this case another area.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI LENDER DAN BORROWER DALAM PENYELENGGARAAN FINTECHLENDING DI INDONESIA ]]>
<![CDATA[Suhendar, Heris]]>;
<![CDATA[Diniyanto, Ayon]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.161
<![CDATA[The development of fintech lending in Indonesia has increased quite significantly.The number of registered fintech lending is 136 and licensed 25, bringing the total to 161.The existence of fintech lending in addition to providing benefits, also has the potential to bring risks to lenders and borrowers. Potential risks regarding the security and confidentiality of fintech lending user data and potential risk of non-performing financing (wanprestasi). This study is a normative legal research / doctrinal legal research using the statute and conceptual approach. This study material was obtained through library research (library research), then analyzed analytically for prescriptive examination and discussion. The results of the analysis are interpreted using systematic, grammatical and teleological interpretation methods. The results of the study concluded that, legal protection to avoid potential risks for users (lenders or borrowers) fintech lending can be done through preventive, persuasive and repressive steps. To support this step, legal instruments formed by the OJK include legal substance, legal structure and legal culture.]]>
<![CDATA[EFEKTIVITAS PROGRAM AKSI PENANGGULANGAN DAN PEMBERANTASAN NARKOBA DI LEMBAGA PERMASYARAKATAN KLAS II A NARKOTIKA NUSAKAMBANGAN ]]>
<![CDATA[Cendy Cendy]]>;
<![CDATA[Kuat Puji Prayitno]]>;
<![CDATA[Setya Wahyudi]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.152
<![CDATA[The narcotics curently not only in big city but also in many areas. Narcotic in centraljava alllgedly countrolled by behind prison in mates. LAPAS place convicts suspected of having distribution network narcotics strong was LAPAS Mandaeng in Surabaya, east Java, and LAPAS Narcitics Yogyakarta, including LAPAS Kebumen. The Head of Nation Narcotics (BNN) Komjen Budi Waseso even say, drug trafficking in indonesia 50% is correctional institution (LAPAS). Inharmonious from the background detailed in over, itcan be formulated problems research how the effectivenness of the program action reduction and eradiction drugs in a correctional institution Class II A Narcotics Nusakambangan and what are hinder the effectiveness of the program action reduction and eradication drugs in correctional Institution Class IIA Narcotics Nusakambangan.]]>
<![CDATA[IMPLIKASI HUKUM KEBIJAKAN PENGADAAN BARANG ATAU JASA MELALUI DANA KELURAHAN DI KABUPATEN BANYUMAS ]]>
<![CDATA[Khanafi, Muhammad]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.162
<![CDATA[Urban villages funds emerged after the Association of City Governmentsthroughout Indonesia (APEKSI) proposed to the President the importance of obtaining urban villages such as village funds which have proven to help improve the economy of village residents. The dilemma of Permendagri No. 130 of 2018 concerning Urban Village Facilities and Infrastructure Development Activities and Community Empowerment in Kelurahan, clearly states that the implementation of procurement of goods / services in urban villages is prioritized through self-management III or IV. Self-managed procurement of goods / services is a managerial level. It takes personnel with the capacity of top managers or at least middle managers. Therefore, giving up self-management at the kelurahan level is very risky The results showed that the policy for procurement of goods or services for urban village funds in Banyumas Regency is certainly based on written provisions made by thelocal government. The first legal implication is that there is an attributive handover of authority to the regional head in this case the Regent to carry out the procurement of goods or services which is then delegated to the Lurah as the Budget User Proxy (KPA) and administrative officials as Commitment Making Officer (PPKom) in the process of procuring goods or Services. In the implementation of the procurement of goods or services, the kelurahan funds are responsible and liable for the Commitment Officer. The second legal implication of procuring goods or services for kelurahan funds is based on SE MENDAGRI NO. 146/2694 / SJ Dated 27 March 2019 Regarding technical instructions for Minister of Home Affairs No. 130 of 2018, every activity for procurement of goods or services in the urban village is prioritized using selfmanagement III and IV. Many KPA / Lurah and PPKom / Commitment Making Officials in Banyumas District find it difficult to carry out the self-management process. The Regional Government of Banyumas Regency adopted a policy that the procurement process for capital expenditure goods that is difficult to apply uses a self-managed method in the procurement process using a budget item in the form of a Bj Output Production / NonPurchasing Work / Non-Purchasing Process which contains material input, human resources, equipment and methods.]]>
<![CDATA[EFEKTIVITAS REHABILITASI TERHADAP PELAKU PENYALAHGUNAAN NARKOBA (STUDI DI BADAN NARKOTIKA NASIONAL KOTA CIREBON) ]]>
<![CDATA[Virgiawan Listianto]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.153
<![CDATA[Drug use is a crime that has brought about victims of drug use in the community.Ideally, narcotics are required in the world of health and science, but in the same time the use of illegal narcotics is a very dangerous one, so that legal devices aimed at controlling the distribution and use of such addictive substances are indispensable. The method of approach used in this research is a qualitative method with a sociological juridical approach (Sosio-legal research). The specification of this research is descriptive according to the problems and objectives in this research. Primary data sources and secondary data sources and are analyzed in a qualitative method. The efforts to implement rehabilitation conducted by the Government against narcotics users pursuant to article 54 Juncto Article 55 Act number 35 year 2009 about narcotics is doing various measures to prevent narcotic abuse, by means of rehabilitation can help the victims, rehabilitation there are two: medical rehabilitation and social rehabilitation, and counseling.]]>
<![CDATA[IMPLIKASI PUTUSAN MAHKAMAH AGUNG NOMOR 46 P/HUM/2018 TERHADAP MANTAN NARAPIDANA DAPAT MENJADI CALON LEGISLATIF DALAM PENYELENGGARAAN GOOD GOVERNANCE ]]>
<![CDATA[Inayah, Asti]]>
<![CDATA[ Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2020.6.2.158
<![CDATA[This election is a representation of people's representatives who have goodqualifications and background so that through the role of independent institutions the KPU has the authority to make KPU Regulation Number 20 of 2018 concerning Nominations of Members of the House of Representatives (DPR), the Regional Representative Council (DPRD) of the Province, and Regency/City DPRD which limits the political rights of ex-convicts of corruption. The limitation of freedom to contribute to elections is contrary to the basic principles of the rule of law in Indonesia which upholds human rights which later gave birth to the Supreme Court Decision Number 46 P/HUM/2018 and has implications for the implementation of Good Governance in Indonesia. The approach method used in this research is normative juridical research. The sources of legal material contained in this study come from primary, secondary and tertiary legal materials with data collection techniques based on literature studies and data analysis techniques using deductive methods. Based on the results of this study that the legal considerations of judges in the MA Decision 46 P / HUM / 2018 that the Petitioner is a former convict of corruption and political rights have never been revoked due to the entry into force of Article 4 paragraph (3), Article 11 paragraph (1) letter d and Appendix Model B .3 PKPU Number 20 Year 2018 Concerning Nominations for Members of the House of Representatives, Provincial Regional House of Representatives and Regency/City People's Representative Council which becomes a necessity that legislative nominations come from clean figures and never have a track record of integrity flaws. The validity of the Supreme Court's Decree has implications for the implementation of good governance in the principle of participation, namely the people's involvement in the process of governing the government in an election even though a person is a former convict of corruption, as the resulting decisions have in common the concept of the rule of law and good governance in creating a perspective of Human Rights that is upheld high in the regulations as if implying that ex-convicts cannot be restricted in their political rights.]]>
