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Diky Dikrurahman
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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 162 Documents
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IMPLEMENTATION OF NIK TO NPWP MATCHING AS AN ADMINISTRATIVE REFORM EFFORT IN TAXATION Reigiana, Vinka; Riyanto, Slamet; Edrisy, Ibrahim Fikma
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.9878

Abstract

This research aims to analyze the implementation of matching the Population Identification Number (NIK) to the Taxpayer Identification Number (NPWP) as an effort to reform tax administration in Indonesia. The method used is normative research, namely by analyzing legal documents such as related laws and regulations. The discussion includes the implementation of matching NIK and NPWP in increasing the accuracy of tax data, the challenges faced in the implementation process, as well as solutions that can be applied to overcome these problems. The research results show that matching NIK to NPWP can increase efficiency and transparency in tax administration, even though there are challenges such as building and maintaining public trust, as well as a lack of public understanding, and technical problems in the integration system. Therefore, intensive outreach and strengthening of information technology infrastructure is needed to ensure successful implementation. The conclusion of this research confirms that matching NIK to NPWP is a strategic step in creating a better, transparent and accountable tax system, and can minimize the potential for tax leakage in Indonesia.
THE ROLE OF CLASS I SEMARANG RUPBASAN IN THE MANAGEMENT OF EVIDENCE BASED ON INDONESIAN LAW NUMBER 1 OF 2023 Aji Haidar, Muhammad Riziq; Wibowo, Apriansyah; Kusuma, Dimas Andrianto; Farhan, Alif; Virasakti A.S, Geraldo; Andika S, Nikola
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.9881

Abstract

Evidence management is a vital part of the criminal justice system which requiring professional and accountable handling. This article explores the role of Semarang Class I RUPBASAN in managing evidence under Law Number 1 of 2023. Using an empirical juridical method, the study combines a normative review of the legal framework with field practices. Primary data were obtained from interviews with RUPBASAN officers and law enforcement officials, while secondary data came from relevant legal documents and literature. The study reveals that Semarang Class I RUPBASAN (Rumah Penyimpanan Benda Sitaan Negara) plays a strategic role in registering, maintaining, and executing evidence, including destruction and auction based on court decisions. However, the implementation of Indonesian Law Number 1 of 2023 faces obstacles such as warehouse overcapacity, risk of evidence damage, and lack of inter-agency coordination. Recommended solutions include modernizing storage facilities, enhancing officer training, and improving collaboration with law enforcement and related agencies. Despite these challenges, the law offers an opportunity to improve transparency and accountability in evidence management.
THE UTILIZATION OF TECHNOLOGY IN LAW ENFORCEMENT ADDRESSING IUU FISHING FOR SUSTAINABLE GOVERNANCE IN THE FISHERIES SECTOR Tunjung Sekartaji, Raden Rara Hapsari; Ivanly, Ivanly
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.9913

Abstract

The role of technology in supporting sustainable fisheries governance in Indonesia, particularly in addressing the issues of Illegal, Unreported, and Unregulated (IUU) fishing, is crucial. This study emphasizes the main technological aspects: Vessel Monitoring System (VMS) and the usage of big data. It will indicate how integrating these technologies can strengthen law enforcement and support the sustainability of the fishery sector. VMS enables authorities to monitor the movement of ships in real time, enhancing the detection of illegal fishing activities. Meanwhile, big data analysis plays a significant role in identifying patterns and trends of IUU fishing through processing data related to ships, catches, and fish movements. Additionally, using the internet for socializing sanctions and regulations to the public raises awareness about the impacts of IUU fishing and the legal consequences faced. This study demonstrates that collaboration between technology and public policy can be the key to more effective and sustainable fisheries law enforcement efforts.
THE ROLE OF THE CONSTITUTIONAL COURT IN MAINTAINING THE STABILITY OF THE CONSTITUTIONAL SYSTEM Endro Suryono, Kelik
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.10106

Abstract

The Constitutional Court (MK) is pivotal in preserving the stability of Indonesia's constitutional framework by ensuring that laws and regulations align with the 1945 Constitution. The Constitutional Court, as a constitutional guardian institution, is responsible for evaluating laws, adjudicating power conflicts among state entities, dissolving political parties, and resolving electoral disputes. The role of the Constitutional Court is becoming increasingly vital in preserving the equilibrium of power among the administrative, legislative, and judicial branches, as well as in averting governmental overreach. Nonetheless, in its execution, the Constitutional Court has numerous problems, including political pressure, ambiguity in the enforcement of rulings, and discussions on the scope of its jurisdiction. Consequently, strategic measures are required to enhance decision-making consistency, reinforce the execution of the Constitutional Court's rulings, and preserve the autonomy of this institution from political interference. Furthermore, improving transparency in the decision-making process and fostering public engagement in comprehending the role of the Constitutional Court are essential for fortifying the rule of law and democracy in Indonesia.
REVIEW OF ISLAMIC LAW ON THE PRACTICE OF PROFIT SHARING ON GOAT LIVESTOCK Widyani, Retno
Hukum Responsif Vol 16 No 1 (2025): Vol 16 No 1 February 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i1.10107

Abstract

The business that has endured since the time of Prophet Adam until the end of time is goat farming. The business model is based on a profit-sharing system between investors and managers. This study aims to analyze the Islamic legal perspective on profit-sharing practices in goat farming. The research was conducted with a qualitative approach through literature review. The results of the study are as follows: (1) From an Islamic legal perspective, the profit-sharing practice in goat farming has not fully complied with the applicable regulations. The agreement between shahibul maal and mudharib is often verbal rather than written, which contradicts the provisions in Q.S. Al-Baqarah/2: 282. This could lead to potential disputes between shahibul maal and mudharib in the future; (2) In practice, shahibul maal often violates the agreement with mudharib, citing urgent needs that require the cancellation of the mudharabah. As a result, the compensation given to the mudharib is usually not equivalent to the value of the goat kids that should have been received.
BEHIND THE CIRCUS HAPPINESS: EXPLOITATION OF LABOR Annur, Ghinia Yusri; Hasan, Nurrahmawati Setya; Manzyla, Khitta El; Fauza, Annisa Sarah; Mintarsih, Mimin
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10352

Abstract

Behind the glittering circus performances that invite admiration, and are perceived to be full of happiness and wonder, there is a bitter reality that is rarely revealed: the exploitation of labor. This article uses juridical-normative methods and case study approaches. The purpose of this paper is to examine the compatibility between labor practices in the circus world and the applicable labor law provisions, as well as identify the legal protection that will be provided to workers and examine those who will be responsible for the violation of workers' rights. The results of the study show that behind the stunning performance, there are exploratory work practices in the form of excessive working hours, disproportionate wages, unsafe working conditions, and violations of workers' basic rights. In addition, physical and psychological pressure and the lack of legal protection seen from the lack of clarity in labor regulations in the entertainment sector contribute to the occurrence of exploitative practices, further aggravating these conditions. This article contributes to a critical study of working conditions in the cultural industry and encourages the need for a more comprehensive labor protection policy. This article also underlines the importance of building public awareness of the hidden realities behind the entertainment world and urges readers to take a more critical look at popular entertainment phenomena and demand structural improvements in the protection of labor rights and structural reforms in the management of the circus entertainment industry to create a fair and humane working environment.
CRIMINAL LIABILITY FOR ONLINE GAMBLING PROMOTION IN THE YOUTUBE COMMENT COLUMN Hariri, Mochammad Sofyan; Guntara, Deny; Abas, Muhamad; Pratama, Raka Indra
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10358

Abstract

The phenomenon of online gambling promotion through the YouTube comment column is a new challenge in criminal law enforcement in the digital era. Although it seems trivial, this action is part of a crime that can harm society. This study aims to analyze the existing online gambling regulations in Indonesia and the forms of criminal liability against perpetrators of online gambling promotion in YouTube comment sections. The method employed is a normative juridical approach with a legislative focus and a literature study. The results of the study show that the act of promoting online gambling in the comment column can be categorized as violating Article 27 paragraph (2) of the ITE Law and Article 303 of the Criminal Code (as well as the provisions of articles 426 and 427 in the New Criminal Code) because of deliberately disseminating electronic information containing gambling without permission.  Under certain conditions, YouTube account owners can also be held accountable if they neglect to moderate. Meanwhile, platforms like YouTube have a responsibility to take down illegal content. The results of this study indicate that online gambling promotion through comments can still be legally charged, even though it is done indirectly, suggesting that an adaptive and collaborative legal approach is necessary among authorities, platforms, and the public.
APPLICATION OF DIY REGIONAL REGULATION NUMBER 5 OF 2022 IN INCLUSIVE ELEMENTARY SCHOOL EDUCATION IN YOGYAKARTA CITY: (A Study On The Fulfillment Of The Right To Decent Education For Persons With Disabilities) Wasiati, Cunduk; Chrisjanto, Edy
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10466

Abstract

Background. Based on PERDA DIY Number 5 of 2022, the problem formulation for this study is how to provide inclusive elementary school pupils in Yogyakarta City with the right to a quality education for individuals with disabilities. Aims. In Yogyakarta City's inclusive elementary schools, a few things prevent pupils with disabilities from receiving a proper education. Methods. This kind of empirical legal study uses primary and secondary data sources. The data was gathered using literature reviews, interviews, and observations. In the interim, qualitative descriptive analysis was employed. Result. Additionally, the study's findings indicate that Yogyakarta has yet to issue implementation regulations for DIY Regional Regulation No. 5 of 2022. The following are some of the policies implemented to execute DIY Regional Regulation No. 5 of 2022: a. Setting up Disability Service Units and giving preference to students with impairments who attend schools near their homes. Fulfillment of Scholarships for Disabled Students. c. The disability services unit's provision of appropriate accommodations. d. Bullying prevention and the significance of a feeling of security in its diversity. Conclusion. Yogyakarta City primary school pupils are among the factors that impede the realization of children with disabilities' right to a decent education. a. Teachers' inability to effectively interact with ABK students. b. Parents continue to show little concern for ABK. c. Although the number of Special Assistant Teachers (GPK) has been reached, APBD funds have not been used to cover the full cost of wage allowances and incentives, particularly for private schools. d. Infrastructure and facilities to accommodate pupils with special needs
APPLICATION OF ACTIO INIURIARUM WITH EX ANTE AND EX POST APPROACHES TO LOVE SCAMMING CASES IN INDONESIA Alisah, Siti; Kusuma Putri, Riski Ananda
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10663

Abstract

Love scamming is a form of emotional relationship-based crime that develops along with the advancement of information technology. This mode exploits the victim's emotional needs through the manipulation of online romantic relationships for financial gain. Unfortunately, Indonesia's legal system still primarily focuses on material losses and has not adequately accommodated non-material losses, such as honor, self-esteem, and emotional injury. This research employs normative juridical methods, incorporating legislative and conceptual approaches, to examine the potential application of the principle of actio iniuriarum within the context of Indonesian law. This approach not only emphasizes the element of violation of personality rights, but also allows for the award of non-material compensation in the form of solatium. By integrating the ex ante (assessment of risk and malicious intent before harm occurs) and ex post (evaluation of post-breach emotional harm), the study offers a more holistic and adaptive model of legal protection. The results of the study show that actio iniuriarum has the potential to be a relevant alternative mechanism to answer the void of legal protection for digital-based emotional crimes.
COMPARATIVE STUDY OF INDONESIAN AND UNITED KINGDOM LAWS ON THE NEGLIGENCE OF PET DOG OWNERS Dwi Suparna, Brilian Albar; Wardhani, Novea Elysa; Fransisco
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10664

Abstract

This study aims to analyze and find out the differences and similarities between Articles 1368, 1371 of the Civil Code and the Jurisdiction of The Dangerous Dogs Act, as well as to find out the problems and also efforts to find out the problems. The research method used is comparative descriptive research and the type of research used is the Normative Juridical research type. The results of the study show that there are similarities between the rules related to pet dogs in Indonesia and the United Kingdom in the form of points in Articles 1365, 1368, 1368, 1371 and the Dangerous Dogs Act. These rules show the absolute responsibility that the dog owner or person responsible for the behavior of the pet dog has. When it comes to harm prevention, both emphasize the importance of animal surveillance can be dangerous to others

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