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Trihoni Nalesti Dewi
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INDONESIA
Jurnal Hukum, Politik dan Kekuasaan
Published by Universitas Katolik Soegijapranata
ISSN : -     EISSN : 2722970X     DOI : 10.24167/jhpk.v1i1.2670
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Politik dan Kekuasaan (Journal of Law, Politics and Power) is a scientific study of relationship between norm systems, politics, and social structures by focusing on the study of law and social sciences.
Arjuna Subject : Umum - Umum
Articles 60 Documents
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Perlindungan Hukum Terhadap Korban Konflik Sosial Petrus Soerjowinoto
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 1: Agustus 2020
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i1.2674

Abstract

The fact shows that social conflicts remain frequently happening in Indonesia until today. The social conflicts manifest in various forms and happen in different sites and are caused by various reasons.The motto of Bhinneka Tunggal Ikarepresenting Indonesia as a nation having diversity in tribes, religions, races, and groups is indeed to be a significant factor and capital that contributes to the establishment of a unitary state of the Republic of Indonesia. However, the motto, on the other hand, can also be a seed of the emergence of vertical and horizontal conflicts. It could be noted that there were a lot of serious social conflicts that caused casualties in the forms of death, loss of property, social and  environmental damages, human rights violations and so on. As a critical reflection, Indonesian nation is now being faced to challenges that tend to lead to disintegrative and threatening situations that will probably threaten the existence of the nation. Besides, there are a number of sites having potential social conflictsand they spread throughout Indonesia. This needs to be overcome.
Peningkatan Calon Tunggal Dalam Pemilihan Kepala Daerah Christya Putranti
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 2: Februari 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i2.3077

Abstract

Regional Leaders Election (Pilkada) is an interesting matter to discuss, Pilkada regulations have undergone several changes, the phenomenon of change occurs starting from the appointment of a regional head, in which was initially elected by House of Presentatives (DPR) until finally returned to the public as people's sovereignty, the enactment of Law No. 1 of 2015 concerning about the stipulation of Government Regulation in Lieu of Law (Perpu) No. 1 of 20114 which discussed about the Election of Governors, Regents and Mayors into a law which enforced the return of elections to be carried out by House of Presentatives  which led to harsh criticism from the public so in the end government restored the public's right to vote. Another interesting thing is that as a result of the people's sovereignty, the right to be elected and to elect the citizens, especially in regions, must be implemented. Unfortunately, the problem this has become a new problem, which was the delay in the implementation of regional elections. In Law No. 32 of 2004 concerning about Regional Government in which only regulates that regional heads are proposed through a combination of political parties and political parties, after the decision of  Constitutional Court Number 5 / PUU-V / 2007 individual candidates also can run for regional head candidates.  Law Number 18 of 2015 had been reviewed by the Constitutional Court Number 100 / PUU-VIII / 2015. The blank ballot box regulation then appears in General Elections Commission Regulation (PKPU) Number 14 of 2015 concerning about the election for Governor and Vice Governor, Regent and Vice Regent and / or Mayor and Vice Mayor upon follow-up to the Constitutional Court decisions. This study will focus on the increasing blank ballot box that continues to increase, starting from a single candidate with “agree and disagree" boxes to the enforcement of the blank ballot box. It means that from 2015 Regional Leaders Election experienced a significant increase. This research used normative legal research method by examining laws and regulations, General Elections Commission Regulation (PKPU), and literature studies.
Pencegahan Perundungan/Bullying di Insititusi Pendidikan: Pendekatan Norma Hukum dan Perubahan Perilaku Rika Saraswati; Venatius Hadiyono
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 1: Agustus 2020
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i1.2670

Abstract

Bullying is one kind of violence against students at school in Indonesia. The violence has recently been reported among adolescents at Junior and Senior High School level in Semarang city. The responsibility of the Indonesian government in preventing bullying at school has been carried out through a national level by issuing the Child Protection Act  in 2002 (was amended in 2014) and the Ministry of Education and Culture Regulation No. 82 of 2015 in order to support zero tolerance in school. However, there is a lack implementation of the legislation. It seems that the legal norm approach must be accompanied by behavioral changes from the students, the teachers and the community members.  This study used a qualitative approach to determine the factors that cause bullying at school and the prevention efforts. Data obtained through literature and empirical studies related to bullying experiences of students in junior and senior high school in Semarang city. The research demonstrates that the effort to prevent bullying at school by targeting certain students to spread anti-bullying messages is more effective to change students’ behaviour than merely using the legal norm approach.
Kesesuaian Layanan Informasi Publik Perangkat Daerah Pemerintah Provinsi Jawa Tengah Di Tahun 2017-2018 Melalui Situs Dengan Peraturan Komisi Informasi (PerKI) No. 1 Tahun 2010 Andreas Pandiangan; Elva Visoladilla Indi
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 1: Agustus 2020
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i1.2675

Abstract

This research is based on public information disclosure which is an individual right and is realized through the availability of information. The availability of such information should be open and transparent. The purpoce of this research is to khow the extent of the Central Java Provincial Government regional institution suitability which have been provided information services based on PerKI No. 1 (2010), through the sites during 2017. The qualitative approaches that used in this research are descriptive analysis techniques anf interative analysis of miles and Huberman. The subjects of this research were public information services at 32 Central Jawa Provincial OPD through the sites during 2017. On an whole view, The Central Java Provincial Government organizations have not fully complied the standards of procedures PerKI No. 1 (2010), in providing information services based on Perki No. 1 (2010) thru the sites during 2017. The result is show through data numeration based Daftar Informasi Publik (DIP) score anf available information on it’s site such as; organizational structure of PPID, PPID duties and DIP.
Keberlakuan Kaidah Hukum Perjanjian Indonesia Dalam Transaksi E-Commerce B2C Agustinus Joko Purwoko; Laksamana Varelino Zeustan Hartono
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 2: Februari 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i2.3125

Abstract

Perdagangan secara elektronik (e-commerce) semakin berkembang. Wacana dalam filsafat ruang memunculkan perdebatan tentang keberlakuan hukum yang mengatur perbuatan manusia di dunia maya (cyberspace). Ruang di dunia maya sering dimaknai berbeda dengan ruang di dunia nyata. Penelitian normatif kualitatif ini bertujuan untuk mendeskripsikan dan menganalisis keberlakuan kaidah hukum perjanjian Indonesia dalam transaksi e-commerce sebagai landasan berpikir dalam pembuatan peraturan perundang-undangan yang mengatur transaksi e-commerce. Dunia maya pada dasarnya hanya merupakan kepanjangan dari dunia nyata (empiris). Kaidah hukum yang berlaku di dunia nyata juga berlaku di dunia maya, karena dasarnya adalah kegiatan manusia bukan ‘ruang’ (space). Kaidah hukum perjanjian sebagaimana termaktub dalam KUH Perdata memiliki keberlakuan untuk transaksi e-commerce B2C di dunia maya, baik keberlakuan faktual/empiris, normatif/normal dan evaluatif. Keberlakuan ini penting dalam konteks perlindungan bagi konsumen.
Halau Jerebu Asap: Kebijakan dan Gerakan Pro-Keadilan Lingkungan Hotmauli Sidabalok
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 1: Agustus 2020
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i1.2671

Abstract

The forest fires in Indonesia already become the chronical annual issue. Beside the climate change, there are some influence factors for this issue. First is the unequal policy which stands for the oil plantation industry. Second is government has multi interpretation to consider this issue as a disaster. Third is the weakness of stakeholders to protect forest and environment. Those three factors are analysed by using the environmental justice and the movement to protect environmental concepts. This article describes some causal factors to environmental injustice on smog disaster, the efforts to minimize disaster and environmental justice movement. The movement does not only to protect human being but also the environment. The experience and awareness to the smog become the momentum for the environmental justice movement in Indonesia.
Pemenuhan Hak-Hak Korban Pelanggaran Berat Hak Asasi Manusia di Indonesia Bonaventura Pradana Suhendarto
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 2: Februari 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i2.3041

Abstract

Serious violations of human rights occurred in Indonesia despite Indonesia’s ratification of a number of international human rights law instruments. Victims, including their family and descendants, experiences suffering and loss. Still, there are many victims who haven’t received their rights until now. International law holds states accountable for the victims’ dignity as human beings. This research will examine the fulfillment of the rights of the victims in order to obtain effective and fair remedy and to analyze the application of international human rights law in Indonesia in order to fulfill the rights of the victims of serious violations of human rights. This research was conducted using a sociological juridical approach that collects and analyzes qualitative data. The result shows that the right to truth, the right to justice, the right to reparation and the guarantee of non-repetition are the forms of rights within the framework of transitional justice that must be given to the victims. These rights are interrelated, so they must be fulfilled thoroughly. Indonesia made real efforts to fulfill the rights by establishing a human rights court to resolve the cases of  Timor-Timur (East Timor), Tanjung Priok and Abepura. Another effort is made by establishing legal regulations. In fact, Indonesia only recognizes and regulates some rights. The existing legal regulations have not yet encouraged effective implementation, making them difficult to implement. It is necessary to evaluate and re-conceptualize existing legal regulations so that the rights of victims are fully recognized and easy to apply.
Politik Hukum Perlindungan Sumber Daya Genetik Untuk Pemanfaatan Obat-Obatan Dalam Sistem Hukum Indonesia Yovita Indrayati
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 2: Februari 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i2.3142

Abstract

Predicate as one of mega biodiversity countries refers to the fact that Indonesia is a country that is rich in potential genetic resources. The genetic resources include not only plants but also animals and microorganisms. Besides meeting food needs, the genetic resources also have important benefits for the development of medicines, both traditional and modern. The medicinal benefits of genetic resources, mainly plants, have been taken advntage of the people in various regions in Indonesia. This can be seen when Covid19 pandemic hit the world, including Indonesia. the consumption of herbal medicines has increased quite sharply. Each region in Indonesia has its own type of local plants that can increase human body stamina against Covid19. The existence of the pandemic necessarily makes Indonesia more aware of the rich diversity and genetic resource’s benefits for society welfare. On the other hand, however, Indonesia faces challenges related to the biotechnology development  as well as biopiracy problems of genetic resources utilization. Therefore, protection on genetic resources is a necessity and should become an important matter for Indonesia. This paper is a conceptual study that will describe how to protect genetic resources, especially for the use of medicine, in the Indonesian legal system, which reflects the politics of law in Indonesia. Based on the results of the analysis, the commitment of The House of Representatives of the Republic of Indonesia is still weak in the formation of laws protecting genetic resources in Indonesia. However, Indonesia has a commitment to international agreements by becoming a party and ratifying the CBD, 1992; Cartagena Protocol, 2000 and Nagoya Protocol, 2011. 
Indonesia Dalam Menjawab Konsep Negara Welfare State dan Tatangannya Venatius Hadiyono
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 1: Agustus 2020
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i1.2672

Abstract

The concept of a welfare state is the idea that the state is responsible for its citizens, that is, by means of the welfare of its people through services, assistance, protection and prevention of social problems. Indonesia applies this system by adopting a minimal welfare state model, namely by providing a very small budget for social spending. So that social services are provided only for civil servants, Indonesia Military members and private employees who are able to pay the premium. Constitutional support is mentioned in the Indonesian Constitution of 1945, namely Articles 23, 27, 28C, 31, 33, and 34. This is then followed by laws. Number 40 of 2004 concerning the National Social Security System. However, the concept of welfare state is implemented in a minimal model. This is exacerbated by the corruption problems. Indonesia should not only focus on the health sector in realizing the concept of the welfare state, but the education sector can also be a priority to provide an idealistic human resources to create a clean Indonesia for the achievement of the dream of a welfare state.
Tinjauan Normatif Pembela Hak Asasi Manusia dalam Hukum Internasional dan Hukum Nasional Ryan Abraham Silalahi
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 1, No 2: Februari 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v1i2.3045

Abstract

Human rights are acknowledgment that every human being has basic freedom and dignity. With this recognition, everyone has the right to defend and fight for their rights for their existence as a human being. Human Rights Defenders (HRDs) are everyone who works to defend and fight for people's human rights. In international law the rights of Human Rights Defenders are specifically manifested in the 1998 UN Declaration of Human Rights Defenders. Human rights and the extent to which Indonesia provides regulations for these human rights defenders. This study aims to analyze the protection of human rights defenders in the perspective of international law and the application of international law in national legal regulations related to the protection of human rights defenders. This research will use a qualitative normative juridical approach, with analytical descriptive research specifications and data collection techniques through literature study.

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