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Redaksi Jurnal Poros Hukum Padjadjaran Program Studi Magister Ilmu Hukum JL. Banda No 42 Bandung 40112 Email: poros.hukum@unpad.ac.id
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INDONESIA
Jurnal Poros Hukum Padjadjaran
Published by Universitas Padjadjaran
ISSN : 27157202     EISSN : 27159418     DOI : https://doi.org/10.23920/jphp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Poros Hukum Padjadjaran (JPHP) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian perspective to global problem. JPHP publishes its content in Bahasa Indonesia as most of the readers and authors will relatively be more familiar with the use legal terminology and avoid some misunderstanding because of the translation to other languages. Nevertheless, we particularly do welcome articles written in English for comparative and transnational law manuscripts due to practicability for expanding reach access to non-Indonesian readers. the openly access journal is managed and prepared by academician and supporting staffs of the Magister of Laws Faculty of Law Universitas Padjadjaran to contribute to positive changes in law. This journal is available in print and online and highly respects the publication ethic and avoids any type of plagiarism.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 97 Documents
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THE EXISTENCE AND PROTECTION OF ULAYAT RIGHTS IN INDIGENOUS COMMUNITIES WITHIN THE FRAMEWORK OF POSITIVE LAW IN INDONESIA Rubiati, Betty
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1450

Abstract

Ulayat Rights are the highest rights of indigenous law communities to land. Normatively, protection of the rights of indigenous law communities is contained in several related laws and regulations, but in practice, Ulayat Rights of indigenous law communities often become the object of dispute/conflict, both with the government and with private parties who need land, so that they are often eliminated and detrimental to the rights of indigenous law communities. The aim of this research is to obtain an overview of the criteria for determining the existence of Ulayat rights of indigenous law communities and the legal protection of them when dealing with outside parties from a positive legal perspective in Indonesia. The approach method used is a normative juridical approach, namely tracing, studying and researching secondary data related to this research material. A juridical approach is used considering the problems studied revolve around the relationship between a regulation and other regulations, namely regulations regarding land, forestry and plantation law. The research results show that recognition of the existence of Ulayat rights of indigenous law communities is limited as long as they still exist and must fulfill several elements as specified in several statutory regulations. Protection of traditional rights is contained in the constitution, sectoral legislation and regional regulations, but in reality there are still frequent disputes/conflicts, this shows that the protection of Ulayat rights of indigenous law communities is still not optimal.
CRIMINOLOGICAL REVIEW OF THE CRIME OF PROSTITUTION IN A GROUP OF SEXUAL FANTASY PERFORMER ON SOCIAL MEDIA Tejo, Eko Susanto; Kurniati, Yeti; RAS, Hernawati
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1511

Abstract

The development of information technology has changed people's lives with new habits. Almost everyone has a smartphone and has a social media account. Such rapid evolution has changed human life in various fields and has given birth to new forms of legal action. Among them, there are groups of sexual fantasists who use social media as a means to network and find partners. Sexual fantasies are normal and can have a positive impact if applied correctly. However, currently many people use social media to find partners for sexual fantasies by uploading vulgar photos or videos and requiring them to give money, gifts and provide facilities if they want to carry out sexual fantasies with them. This research uses empirical juridical methods and analytical descriptive research specifications. Based on the research results, it can be concluded that the cause of criminal acts of pornography and prostitution in the form of sexual fantasies using social media is the negative impact of the development of information technology, social media, a manifestation of cultural deviation, deviation from norms, and a manifestation of the absence of norms (anomie). Efforts that can be made to overcome this problem are by carrying out cyber patrols, cutting off access to electronic systems that violate laws and regulations, and carrying out repressive efforts against the perpetrators.
PROFIT SHARING INSTITUTIONS FROM AN ISLAMIC LEGAL PERSPECTIVE AND CUSTOMARY LAW IN INDONESIA Supriatni, Renny
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1539

Abstract

Humans are creatures who like to socialize, they like to socialize with each other, and are called social creatures. In life, humans as social creatures are citizens of a living unit, acting as members of indigenous communities and citizens. Each individual must be willing to sacrifice personal rights for the sake of the common good, including in implementing profit sharing institutions. The problem is, how are profit sharing institutions implemented in Indonesia, viewed from Islamic Law and Customary Law? The aim of the research is to get an overview of the implementation of profit sharing institutions in Indonesia and viewed from Islamic Law and culture. This research uses a normative juridical approach, namely by researching and testing library materials or what is called secondary data with the aim of studying and analyzing the Profit Sharing institutions. The analytical method is research carried out based on statutory regulations which apply as positive legal rules and is presented without using formulas or numbers. The results of the research show that the implementation of profit sharing institutions in Indonesia has various and universal methods, one of which is in activities Syariah banking. Meanwhile, profit sharing institutions are reviewed from Islamic law, and indigenous communities are used in cultivating land, as a form of profit sharing agreement. The advice given is that the implementation of profit sharing institutions in Indonesia is still not yet balanced, it is necessary to apply the principle of justice. This is imbalanced, unbalanced and not in accordance with the size (proportional).
IMPLEMENTATION OF THE PRINCIPLE OF SECURITY IN THE PROCESS OF ELECTRONIC FIRST TIME LAND REGISTRATION TO REALIZE LEGAL CERTAINTY FOR THE COMMUNITY Prasetyo, Windu Gandung; Kurniati, Nia; Rubiati, Betty
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1554

Abstract

In the current industrial era 4.0, the development of information technology has influenced all aspects of people's lives, including implementing government duties. One area that is also affected by advances in information technology is the land sector. The enactment of ATR/BPN Ministerial Regulation No.1 of 2021 and PP No. 18 of 2021 is a concrete manifestation of the use of developments in information technology in the land sector. Implementing land registration through an electronic system is expected to benefit the community, especially in terms of guaranteeing legal certainty. However, in its implementation, it turns out that various problems are still found, one of which is the neglect of the principles in land registration, namely the principle of security. The principle of security requires that land registration be carried out carefully and meticulously to guarantee legal certainty for holders of land rights. In this research, we will examine the application of the principle of security in electronic land registration to ensure legal certainty for the community. Using the normative juridical approach and analytical descriptive method, it can be said that the implementation of the principle of security in land registration via an electronic system that has been carried out by the Land Office has not been optimal. This can be seen from the many disputes and cases in the land sector that are still occurring and of course they are detrimental to society.
LEGAL PROTECTION AGAINST DOMESTIC VIOLENCE IN CHILD MARRIAGE Dewi Judiasih, Sonny; Kusmayanti, Hazar
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1628

Abstract

The aim of law enforcement is none other than to ensure that legal subjects obtain every right. One law enforcement that must be considered is in the field of family law in marriage law. Marriage of children under the age of 18 is vulnerable to domestic violence. This research will enforce legal protection against domestic violence in child marriages, whether legalized by the state or child marriages carried out through sirri marriages.. The method used is juridical qualitative with a descriptive approach and the data is processed in a qualitative juridical manner. The results of the study show that there are differences in the legal protection of victims of domestic violence in sirri child marriages. Legal child marriage and obtaining marriage dispensation can be protected by Law No. 23 of 2004 concerning the Elimination of Domestic Violence and other relevant laws and regulations. Meanwhile, the protection of domestic violence in a sirri / unregistered child marriage can only be subject to the Criminal Code and Law No. 35 of 2014 concerning Child protection.
ACTION THAT CAN BE TAKEN BY THE PARTIES AS A RESULT OF DIFFERENCES IN THE RIGHT TO SUSPEND PERFORMANCE REGULATED IN CISG 1980 AND INDONESIA CONTRACT LAW Inzaghi, Rafly Nauval; Amalia, Prita; Trisnamansyah, Purnama
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1635

Abstract

REVIEW OF THE LEGAL IMPLICATIONS OF DIVORCE ON CHILD CUSTODY ARRANGEMENTS Mau, Ellon Belwan Cornelius; Rafael, Tontji Christian
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1639

Abstract

Divorce not only entails property division but also raises significant concerns regarding child custody. Courts often intervene to determine which parent is better suited to care for the child after divorce. This research aims to explore the legal implications of divorce on child custody rights and understand the factors influencing custody decisions between fathers and mothers, both individually and jointly. Employing descriptive analysis with a normative approach, the study utilizes secondary data from primary, secondary, and tertiary legal sources. Findings suggest that divorce can result in the loss of child custody rights due to neglect of parental obligations and immoral behavior, which may have contributed to the divorce. Additionally, judges consider various factors in determining custody, including the child's welfare, emotional connection with parents, and parental responsibilities. Factors such as parental presence in the child's life, financial support, and emotional interactions with the child influence custody decisions. Therefore, it is recommended that parents maintain positive relationships with their children, prioritize family unity, and actively fulfill their duties in providing protection, affection, and proper education.

Page 10 of 10 | Total Record : 97

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