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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 189 Documents
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LEGAL PROTECTION FOR STUDENTS AS VICTIMS OF BULLYING : (CASE STUDY AT SD MEKAR REGENCY, CIREBON) Rifqi Muhammad Zidan; Irma Maulida
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12473

Abstract

Background. Bullying in elementary schools remains a significant challenge that threatens children's rights, psychological well-being, and educational development. Aims. This study examines the implementation of legal protection for students who are victims of bullying at SD Mekar, Cirebon Regency, and identifies the challenges encountered in its implementation. Methods. An empirical legal research design was employed using empirical and psychological approaches. Primary data were collected through interviews with officials from the Cirebon Regency Education Office, school principals, teachers, and parents, while secondary data were obtained from legislation, legal literature, and relevant scholarly publications. Result. The findings reveal that legal protection has been implemented through both preventive and repressive measures. Preventive strategies include character education, teacher supervision, religious and moral development activities, anti-bullying awareness, and collaboration between schools and parents. Repressive measures involve receiving and investigating complaints, mediation, psychological support for victims, behavioral guidance for perpetrators, and coordination with relevant authorities, including the Education Office. These measures are grounded in Article 28B(2) of the 1945 Constitution of the Republic of Indonesia, Law No. 35 of 2014 on Child Protection, Law No. 20 of 2003 on the National Education System, and related educational regulations. Conclusion. The study concludes that effective legal protection requires stronger collaboration among schools, families, government agencies, and the wider community to foster a safe, inclusive, and child-friendly educational environment while strengthening preventive and responsive mechanisms against bullying. Implication.
CRIMINALIZATION OF TEACHER DISCIPLINARY ACTIONS: A JURIDICAL ANALYSIS OF THE CONFLICT BETWEEN CHILD PROTECTION AND PEDAGOGICAL AUTHORITY Harmono Harmono
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12474

Abstract

Background. The phenomenon of increasing teacher reporting by students' parents due to the imposition of disciplinary sanctions shows that there is a change in relations in the world of education that has an impact on the legal position of teachers. Disciplinary actions that are actually part of the pedagogical process are often questioned as a violation of the law, thus leading to a tendency to criminalize. Aims. This study aims to analyze the legal limitations of teacher disciplinary actions from a positive legal perspective, examine the criminalization practices that occur, and formulate a proportionate legal protection model. Methods. The method used is normative-juridical, with legislative, conceptual, and case approaches. Data were obtained through literature studies of primary and secondary legal materials and were then analyzed qualitatively using a prescriptive approach. Result. The results of the study show that there is no clear boundary between disciplinary action and violence in positive law, thus creating legal uncertainty. In practice, it is found that there is a tendency to use criminal law excessively for pedagogical actions without considering the context and educational purpose. Conclusion. This research offers a legal protection model based on the principle of proportionality, a restorative justice approach, standardization of disciplinary actions, and limited immunity for teachers who act in good faith. This model is expected to strike a balance between protecting children's rights and protecting the teaching profession. Implication. This condition has implications for the weakening of teachers' authority and the emergence of concerns in carrying out educational functions.
LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE OF MINORS IN WARU ROYOM VILLAGE, DEPOK DISTRICT, CIREBON REGENCY Rista Tiara Maharani; Moh. Sigit Gunawan
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12475

Abstract

Background. The increasing incidence of sexual violence against minors highlights persistent challenges in ensuring effective legal protection for child victims despite Indonesia's comprehensive legal framework. Aims. This study examines the implementation of legal protection for child victims of sexual violence in Waru Royom Village, Depok District, Cirebon Regency, identifies the factors influencing its effectiveness, and proposes measures to strengthen victim protection. Methods. An empirical juridical approach was employed, combining statutory, case, and sociological analyses. Primary data were collected through interviews with village officials, police investigators, victim-support institutions, and community representatives, while secondary data were obtained from relevant legislation and scholarly literature. Result. The findings reveal that legal protection has been initiated through victim assistance, family support, institutional coordination, and legal proceedings. However, its effectiveness remains limited due to weak inter-agency coordination, the failure to apprehend the alleged perpetrator, inadequate psychological rehabilitation services, and insufficient integration of victim protection mechanisms at the village level. These shortcomings create a significant gap between the legal guarantees provided by Law No. 35 of 2014 on Child Protection and Law No. 12 of 2022 on Sexual Violence Crimes and their practical implementation. Conclusion. The study concludes that effective protection requires not only comprehensive legislation but also stronger law enforcement, integrated victim recovery services, enhanced institutional capacity at the local level, and sustained collaboration among government agencies, law enforcement authorities, child protection institutions, and the community. Implementation. The study contributes to the literature by demonstrating that the principal challenge in protecting child victims lies not in the absence of legal norms but in the ineffective implementation of existing legal provisions.
LEGAL PROTECTION FOR SMALL FISHERS IN THE IMPLEMENTATION OF THE REGULATION OF THE MINISTER OF MARITIME AFFAIRS AND FISHERIES ABOUT FISHING LOG BOOK STUDY IN KARANGSONG VILLAGE, INDRAMAYU REGENCY Saudin Saudin; Moh. Sigit Gunawan
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12585

Abstract

Background. Legal protection for small fishermen is a constitutional mandate, as manifested in Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, as well as in Regulation of the Minister of Maritime Affairs and Fisheries Number 33 of 2021 concerning the Log Book of Fishing and Monitoring on Fishing Boats. However, the implementation of the policy still faces various obstacles that contribute an suboptimal legal protection for small fishers. Aims.  This study aims to analyze the implementation of legal protection for smallholder fishers under the Regulation of the Minister of Maritime Affairs and Fisheries Number 33 of 2021 and to identify factors that affect its effectiveness in Karangsong Village, Indramayu Regency. Methods. The research employs an empirical legal method with a sociological-juridical approach. Data were obtained through structured interviews, observations, documentation, and literature reviews, and then analyzed qualitatively using the Legal Protection Theory and the Legal Effectiveness Theory of Soerjono Soekanto. Result. The results of the study show that the implementation of legal protection has been carried out through fishermen data collection, issuance of Small E-Passes, ship administration coaching, and preparation for the implementation of log books, but it has not been running optimally due to low literacy and legal awareness of fishermen, limited institutional capacity, lack of supporting facilities and infrastructure, weak coordination between agencies, and socio-economic conditions of fishermen that affect the level of compliance to administrative obligations. Conclusion. This research offers an integrated legal protection model through institutional strengthening, digitization of logbook systems, increased legal literacy, and collaborative governance as an effort to realize legal certainty, smallholder fishers' welfare, and sustainable fisheries management.
LEGAL PROTECTION OF BARISTA WAGES AND SOCIAL SECURITY AT CIREBON COFFEE SHOP Arie Purnomo; Deni Yusup Permana
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12616

Abstract

Background. The rapid growth of coffee shops in Cirebon has increased the demand for baristas, many of whom are employed as freelance daily workers under precarious employment arrangements. Despite their growing contribution to the service sector, these workers often experience inadequate legal protection regarding wages and employment social security. Aims. This study aims to analyze the implementation of legal protection for the wage and social security rights of freelance daily baristas in coffee shops in Cirebon under the framework of Law Number 6 of 2023 concerning Job Creation and related labor regulations. Methods. An empirical juridical approach was employed using qualitative methods. Primary data were collected through semi-structured interviews with officials from the Cirebon City Manpower Office, coffee shop managers, and freelance daily baristas, while secondary data were obtained from legislation, legal literature, and relevant scholarly publications. Result. The findings reveal that the implementation of labor protection remains inadequate. Many baristas work without written employment agreements, receive wages below the applicable regional minimum wage, and are excluded from the BPJS Employment social security program. Conclusion. These conditions are primarily attributed to limited employer compliance, insufficient awareness of labor rights among workers, financial constraints of small businesses, and weak governmental supervision. Consequently, a significant gap persists between statutory labor protections and their practical implementation. Implication. The study recommends strengthening labor inspections, expanding legal awareness programs, facilitating BPJS Employment registration for freelance workers, and promoting standardized written employment agreements to enhance legal certainty and social protection for freelance daily baristas in Indonesia's growing coffee shop industry.
THE EFFECTIVENESS OF THE ELECTION SUPERVISORY AGENCY'S AUTHORITY IN HANDLING MONEY POLITICS IN THE 2024 ELECTION AND ITS IMPLICATIONS FOR THE QUALITY OF DEMOCRACY Mochamad Irfan Hadi Prayitno; Moh. Sigit Gunawan
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12661

Abstract

Background.. The utilization of monetary influence remains a significant issue in the electoral process in Indonesia, as it threatens the foundations of honest, equitable, and principled democracy. The Election Supervisory Agency (Bawaslu), functioning as an electoral oversight body, has the power to prevent, monitor, address, and rectify electoral infractions, including monetary manipulation. Nonetheless, in practice, numerous impediments continue to affect the efficacy of this authority. Aims. This research aims to evaluate the nature of Bawaslu's jurisdiction in addressing money politics during the 2024 election, assess the efficacy of its execution, and investigate its consequences for democratic standards in Indonesia. Methods. This research employs an empirical legal methodology (socio-legal inquiry) via a case study technique. Information was obtained from literature reviews of statutes and regulations, as well as official records, and corroborated by empirical data collected through interviews with Bawaslu. The examination is conducted qualitatively by correlating relevant legislative statutes with practical evidence concerning the management of monetary political practices in the 2024 election. Result. The findings of the research indicate that Bawaslu's jurisdiction is an attribution authority conferred directly by Law Number 7 of 2017, encompassing preventive, supervisory, administrative, coordinating, and advisory powers. The standard execution of this authority aligns with legal stipulations; however, its efficacy remains subpar due to insufficient evidence, minimal public engagement in reporting infractions, a transactional political environment, and the restricted jurisdiction of Bawaslu in the investigative and prosecutorial phases, which fall under the purview of the Integrated Law Enforcement Center (Gakkumdu Center). Conclusion. These conditions have an impact on the quality of democracy, especially in lowering the integrity of elections, freedom of choice, legitimacy of election results, and accountability in the administration of government. Implementation. Therefore, it is necessary to strengthen the authority of Bawaslu, increase coordination between law enforcement agencies, and increase public legal awareness in order to realize honest, fair, and integrity elections
THE EFFECTIVENESS OF DISTRICT REGULATIONS IN CONTROLLING THE CIRCULATION OF ALCOHOLIC BEVERAGES TO MINORS: (Case Study of Indramayu Regency) Zaidan Rizky Suherman; Harmono Harmono
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12672

Abstract

Background. The increasing circulation of alcoholic beverages among minors has become a significant legal and social concern in Indonesia, particularly in regions where local governments have enacted regulations to restrict their distribution. Aims. This study aims to examine the effectiveness of Indramayu Regency Regional Regulation Number 15 of 2006 in controlling the circulation of alcoholic beverages to minors and to identify the factors affecting its implementation. Methods. The research employed an empirical juridical approach using descriptive qualitative analysis. Primary data were collected through interviews with officials from the Indramayu Regency Civil Service Police Unit (Satpol PP) and other relevant authorities, while secondary data were obtained from legislation, legal literature, scholarly publications, and official documents. Result. The findings reveal that although the regional regulation provides a comprehensive legal framework for prohibiting the production, distribution, sale, storage, and consumption of alcoholic beverages within the regency, its implementation has not been fully effective. Enforcement activities, including routine patrols, raids, inter-agency coordination, and community reporting mechanisms, have helped control illegal alcohol distribution. However, persistent violations remain due to limited human resources, inadequate public awareness, insufficient socialization of the regulation, weak supervisory capacity, economic incentives for illegal traders, easy access to alcoholic beverages through informal vendors, and social tolerance toward alcohol consumption among adolescents. Conclusion. The study concludes that legal regulation alone is insufficient to effectively protect minors without consistent law enforcement, adequate institutional capacity, and active community participation. Implementation. Strengthening cross-sector collaboration, enhancing public legal education, improving monitoring systems, and conducting regular policy evaluations are essential to increasing the effectiveness of local regulations in preventing underage access to alcoholic beverages and promoting public safety.
LEGAL ANALYSIS OF SPPG COMPLIANCE IN THE IMPLEMENTATION OF THE MBG PROGRAM: A CASE STUDY OF SPPG CINTAKU SILEBU Fiqri Nugraha; Irma Maulida
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12677

Abstract

Background. This study examines the legal compliance of the Nutrition Fulfillment Service Unit (SPPG) in implementing the Free Nutritious Meal (MBG) Program, with a particular focus on SPPG Cintaku Silebu. Although the MBG Program is supported by comprehensive technical guidelines issued by the National Nutrition Agency, empirical evidence on implementing agencies' legal compliance and its implications for program governance remains limited. Methods. Employing an empirical legal research approach, this study collected data through document analysis, in-depth interviews with key stakeholders, and direct field observations. Result. The findings indicate that SPPG compliance is influenced by several interrelated factors, including administrative capacity, human resource competence, regulatory understanding, funding adequacy, and the availability of supporting infrastructure. SPPG Cintaku Silebu generally demonstrates satisfactory compliance with operational standards, particularly in food safety, hygiene, and routine monitoring practices, thereby contributing to effective program implementation and legal certainty. However, several challenges persist, including delayed funding disbursement, inadequate facilities, inconsistent interpretation of technical guidelines, and limited institutional capacity, all of which may hinder full compliance and increase administrative and legal risks. Conclusion. From a legal perspective, strengthening compliance through clearer regulatory frameworks, enhanced supervision, continuous capacity building, and improved coordination is essential to ensure accountability and the sustainable implementation of the MBG Program. Implementation. This study contributes to the growing body of literature on public program governance by providing empirical evidence on legal compliance within Indonesia's national nutrition policy and offers practical recommendations for policymakers, regulatory agencies, and program implementers.
THE EFFECTIVENESS OF CRIMINAL LAW ENFORCEMENT AGAINST THE DESTRUCTION OF RUPIAH BANKNOTES IN THE PERSPECTIVE OF LAW NUMBER 7 OF 2011 Mario Simbolon; Ratu Mawar Kartina
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12678

Abstract

Background. The state’s effort to safeguard the integrity of the currency as a legal tender as well as a symbol of sovereignty is through the implementation of criminal law against the destruction of the rupiah. Law Number 7 of 2011 on Currency forbids and provides criminal punishments for damaging, cutting, destroying, and/or changing the Rupiah. However, infractions are still routinely committed in practice, especially by marking off money, which is typically viewed as a small act. Aims. This study intends to assess the effectiveness of criminal law enforcement in combating the destruction of rupiah banknotes and the factors that influence it. The research method is empirical juridical, using a qualitative approach to examine the rules of law and their application in the community. Result. The study's findings suggest that law enforcement has not been working at its best. This is affected by poor legal content that does not provide clear limitations, the low priority given to handling by law enforcement officials, and the low level of legal understanding among the people. The fundamental problem is likewise the difficulty of showing the aspect of intentionality. Conclusion. There is a requirement to undertake comprehensive efforts through the improvement of legislative norms, the strengthening of institutional performance, and the improvement of public education. Implementation. Law Enforcement would thus be more effective in preserving the Rupiah's honor as a symbol of the state.

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