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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Search results for , issue "Vol 15 No 2 (2024)" : 24 Documents clear
ANNULMENT OF MARRIAGE DUE TO DATA MANIPULATION IN THE PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW Nursheta Resmi, Herni; Hidayah, Astika Nurul
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9462

Abstract

Abstract Marriage is a sacred bond between a man and a woman whose aim is to form a happy and eternal family based on the Almighty Godhead. However, in practice, sometimes marriages are annulled for several reasons, one of which is due to data manipulation. This research aims to analyze marriage annulments due to data manipulation from the perspective of Islamic law and positive law. The method used in this research is normative juridical, namely the research process of researching and studying law as norms, rules, legal principles, legal principles, legal doctrine, legal theory and other literature to answer the legal problems being studied. The research results show that in Islamic law, data manipulation in marriage is considered fraud (gharar) which can damage the purpose of marriage, so it can be a reason to cancel the marriage. Meanwhile, in positive law in Indonesia, data manipulation in marriage is regulated in the Marriage Law and the Compilation of Islamic Law as one of the reasons for canceling a marriage. So, both in Islamic law and positive law in Indonesia, manipulation of data in a marriage can be a reason to annul a marriage. Keywords: Marriage, Marriage Cancellation, Data Manipulation
CRIMINAL LIABILITY AND THE APPLICATION OF MENS REA IN THE CRIMINAL OFFENSE OF INTERCEPTION IN INDONESIA Prasetyo, Ekky Aji; Lasmadi, Sahuri; Erwin
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9467

Abstract

The aim of this thesis research is to find out and analyze the findings of criminal liability related to mens rea in the crime of interception, and to find out and analyze the formulation of future norms regarding the regulation of criminal liability related to mens rea in the crime of interception. The problem formulation is how is the regulation of criminal liability related to mens rea in the crime of interception? and what will be the formulation of future norms regarding the regulation of criminal liability relating to mens rea in the crime of interception? The research method used in this research is normative juridical which reveals that normative legal research or doctrinal legal research is research on law that is conceptualized and developed on the basis of the doctrine adhered to by the conceptualizer or its development. In this research, the approaches that will be used are the conceptual approach, the statutory approach, and the comparative approach. Analysis of legal materials is carried out after all legal materials have been collected and then analyzed in a normative juridical manner. The analysis is carried out by evaluating legal norms based on the constitution on developing problems as a process to find answers to the main problems. Analysis of legal materials is carried out using inventory techniques, systematization techniques and interpretation techniques. The results of this research are that it is necessary to differentiate the mens rea for perpetrator witnesses who carry out interception or wiretapping so that their actions cannot be categorized as criminal liability, and there is a need for special protection for people who carry out interception or wiretapping in the public interest for certain criminal acts, such as criminal acts. corruption crimes, human trafficking crimes, money laundering crimes, and other special crimes.
LEGAL PROTECTION FOR HOME WORKERS IN PACKING THE POCI PRODUCTS Lestari, Siti Duwi; Wardani, Susilo
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9475

Abstract

AbstractThe development of the industrialized world and business mechanisms are becoming more efficient, many peoplecan now use labor in a more flexible way toavoid additional costs or fees. This research aims to analyzethe legal relationship between the employer and the homeworker and analyze the legal protection of the fulfillment of the rights of homeworkers in the packing of teabags in the village.legal protection over the fulfillment of the rights of homeworkers in the packing of teapots in Kedawung Village, Tegal Regency.Kedawung Village, Tegal Regency. The method used in this research is juridical and empirical.empirical, Soerjono Soekanto argues that empirical juridical research is a method that connects legal theory with social reality.method that connects legal theory with social reality. This research uses secondary dataThis research used secondary data with data collection method of observation interview. The first research resultshows that the legal relationship that occurs between employers and home workers is based on an ordinary civil agreement.homeworkers is based on ordinary civil agreements and is not an employment relationship as in Law No. 13/2003.homeworkers are workers in a company who carry out production activities outside the company's premises.workers in a company who carry out production activities outside the company environment at home or at the location of an association.outside the company's premises at home or at the location of a community gathering with a putting out system.where they work on some of the stages of production outside the Company and areare paid based on the unit wage produced and do not receive other rights as formal workers.as formal workers. The second shows that even though home-based workerswork part of the production stages of the company, but do not getm Translated with DeepL.com (free version)
DEMOCRACY, ETHICS OF STATE AND GENERAL PRINCIPLES OF GOOD GOVERNANCE: AN EXAMINATION OF THE EXERCISE OF POWER IN INDONESIA Fajari, Ghiska; Setiadi, Wicipto
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9479

Abstract

Democracy provides a view that power comes from the people. State ethics and the application of general principles of good governance (AAUPB) are two important pillars that support the integrity and credibility of a country. This research focuses on how democracy, state ethics and AAUPB are aligned and how democracy, state ethics and AAUPB are implemented in Indonesia. By prioritizing the values of democracy, civic ethics, and AAUPB, we can create an environment that supports and strengthens democracy and serves the common good. In the exercise of power in Indonesia, it is important to ensure that democracy is exercised with civic ethics and follows AAUPB so that the government runs well and in accordance with the interests of the people.
AGRARIAN REFORM IN THE CONTEXT OF INCREASING POOR PEASANTS' ACCESS TO LAND TENURE IN INDONESIA Tobing, Anggiat; Praptono, Seno Tri; Hestiono, Pramu; Pattinasarany, Eva Berta
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9481

Abstract

The development of Indonesian society has a goal, as stated in paragraph IV of the Preamble to the 1945 Constitution of the Republic of Indonesia, then from that to form an Indonesian State Government that protects the entire Indonesian nation and all of Indonesia's bloodshed. Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. In connection with demands for reform in all areas of development, the People's Consultative Assembly in 2001 issued Decree Number IX/MPR/2001, concerning Agrarian Reform and Natural Resources Management, and MPR RI Decree Number 5/MPR/2003, concerning assignments to MPR Leaders to Convey Suggestions on the Implementation of MPR Decisions by the President, DPR, Supreme Court, BPK. Basic Agrarian Law Number 5 of 1960 as the basis for national land law which is based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the land provisions are aimed at achieving social justice for the entire community in relation to the acquisition and utilization of resources. natural resources, especially land. Agrarian reform or Agrarian Reform as an issue is complex and multidimensional, which is a major program of the Indonesian state in realizing the welfare of the Indonesian people, especially in terms of increasing poor farmers' access to land control in Indonesia, but in implementing agrarian reform, this is not an issue. which is easy, there are many obstacles, both from legal, land administration, social, political, cultural and security aspects.
APPLICATION OF THE PRINCIPLE OF PROPORTIONALITY IN THE IMPOSITION OF PUNISHMENT AGAINST PERPETRATORS OF CRIMINAL OFFENSES Sofyan, Ade
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9486

Abstract

The judge's consideration is an important thing in the imposition of punishment, so it is necessary to conduct a deeper review of the suitability between the amount of punishment and the consideration used by the judge, because the judge's consideration has a major influence on the proportionality of the imposition of punishment and the determination of the severity of the punishment, with this it is hoped that the punishment given has fulfilled a sense of justice for all parties. This study aims to determine the factors considered by the judge in the imposition of punishment and the proportionality of the imposition of punishment in cases of negligence that causes death and injury to others. The research method used is normative juridical which is descriptive (describing) with a research approach in the form of a statute approach and case approach. The result of the research shows that there are several objectives in imposing punishment commensurate with the fault of the perpetrator which considers the same importance between public protection, general prevention and special prevention. However, in the development of discourse on the imposition of punishment, the position of proportionality as a limiting principle is not only followed by the preventive view, but also adopted by the modern retributive variant. This is influenced by different perspectives in viewing the principle of proportionality. From a positive understanding of the principle of proportionality, the court is obliged to impose a punishment that is commensurate with the criminal offence. To that end, the court determines the severity of the punishment to be imposed based on the criminal offence.
CRYPTO ASSETS AS FIDUCIARY COLLATERAL Cornelis, Vieta Imelda; Astutik, Sri; Indra , Silvester Novalino
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9490

Abstract

the legality of cryptoassets as collateral in debts and receivables in Indonesia. Cryptocurrencies, which continue to evolve as digital financial instruments, have posed new challenges to the traditional legal system. In the context of debt and credit, the legality of using crypto assets as collateral is questionable due to the absence of clear and specific regulations. This research uses a normative juridical approach by analysing existing laws and regulations and related literature. The results show that although crypto assets have not been explicitly regulated in Indonesian law, the potential for their use as collateral for debt and credit remains with certain conditions. To realise legal certainty, more specific regulations related to crypto assets are needed, including monitoring mechanisms and regulation of their use as collateral. This is important to protect the interests of creditors and debtors and maintain financial system stability.
CHALLENGES AND SOLUTIONS FOR DEMOCRATIC STABILITY IN INDONESIA AFTER THE CANCELLATION OF ELECTION REGULATIONS Hasudungan Hutagalung, Henokh; Sugianto; Sanusi, Anwar
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9532

Abstract

This paper explores the impact of the cancellation of electoral regulations, specifically PKPU No. 9 of 2020, on the stability of democracy in Indonesia. The decision by the Indonesian Supreme Court (Mahkamah Agung RI) to annul this regulation has created significant legal uncertainty, potentially disrupting the simultaneous regional elections (Pilkada). This study aims to analyze the challenges faced by the government and the General Election Commission (KPU) in responding to this decision, and to evaluate solutions that can be implemented to maintain democratic stability. Utilizing a qualitative analysis method, the paper identifies key issues such as regulatory changes, the potential delay of Pilkada, and increased administrative burdens. The findings highlight the importance of legal certainty and effective coordination among the government, election authorities, and the public to address these challenges. The study also proposes several solutions to enhance the electoral process and uphold democratic integrity in the future.
EXPLORING THE ROLE OF QUICK COUNT IN ELECTIONS: BETWEEN TRANSPARENCY AND CONTROVERSY Pabiangan, Netty; Sukardi, Didi; Setiawan, Edy
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9533

Abstract

Quick count is a method of counting election results that is carried out by taking samples of votes from some polling stations (TPS) to predict the final results of the election. Quick counts have become essential in the democratic process, providing fast and accurate preliminary information about election results and serving as a social control tool that prevents fraud. However, the quick count is also not free from controversy. Some parties doubt the accuracy and independence of the survey institutions that conduct the quick count, given the potential for bias and political pressure. In addition, the quick count results that are different from the official results from the KPU (General Election Commission) can trigger tension and distrust among the public. Therefore, survey institutions must maintain integrity and transparency in implementing quick counts to ensure public trust and legitimacy of the election process.
APPLICATION OF DIVERSION OF BULLYING CRIMES AGAINST CHILDREN WITH DISABILITIES Komariah, Mamay; Haris, Abdul; Ismayana
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9534

Abstract

Children are an inseparable part of the growth of a nation. Law Number 35 of 2014 concerning Child Protection. Objectives of the study: 1. To find out how the diversion of crimes committed by children is applied at the prosecutor's level. 2. To find out the obstacles law enforcement faces against child violence. Bullying occurred on September 19, 2022, in Bojong Village, Susukan District, Cirebon Regency. Three high school teenagers bullied people with disabilities whose news had gone viral on social media. In this case, the perpetrator was a minor, committing acts of violence against a child with disabilities by mocking and kicking the victim. Individual law enforcement that is not strong will result in crimes or criminal acts that result in people committing criminal acts due to ineffective law enforcement. This study uses an empirical juridical method, which is carried out on facts or events related to the problems in this thesis, using qualitative descriptive where the data obtained from both library studies and interviews will be analyzed by explaining and explaining the results of the research object, then describing the results of the research in the form of mapping the problem after the process will conclude. Based on the research, it can be concluded that the procedural implementation of Diversion efforts at the Cirebon District Attorney's Office has been under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, it is not optimal in terms of substance. Of the 17 cases that entered the 2022-2023 period, 10 should have been able to be done, but only 5 cases were successfully pursued by the JPU. The inhibiting factors include weaknesses in Law No. 11 of 2012 SPPA and the community's mindset that considers settlement through Diversi detrimental to the victim.

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