cover
Contact Name
andika adhyaksa
Contact Email
klj@unkhair.ac.id
Phone
+6281343974566
Journal Mail Official
klj@unkhair.ac.id
Editorial Address
Jl. Jusuf Abdulrahman, Gambesi Kota Ternate, Maluku Utara, Indonesia
Location
Kota ternate,
Maluku utara
INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 168 Documents
International Humanitarian Law Review on Genetically Modified Super Soldier Asmi, Nur
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v1i1.426

Abstract

This research aims to find out and understand genetically modified super soldier as well to find out and understand whether genetically modified super soldier is legitimate under international humanitarian law.This paper used normative legal approach by utilizing literature study. Data collected are secondary data derived from conventions, books, research, scientific journal and other written sources relevant. Data collected was analyzed descriptively.The result inflicted of this research as follows: 1) Genetically modified super soldier is genome manipulation on soldier aimed to modify sequencing or gen characteristic to create stronger soldiers by utilizing biotechnology, pharmacology, neuroscience, nanotechnology, and biochemical. 2) Genetically modified super soldier collides ethical and human rights as it did not consider informed consent of soldier. Genetically modified super soldier requires law review in its justification as means and method of warfare because some of genetically modified super soldier technologies constitute possibilities in disobeying international humanitarian law principles, and its justification of means and method of warfare that did not comply ethical requirement.
RESTRICTIONS ON THE VOTING RIGHTS OF FORMER CORRUPTOR CONSTITUTIONS Usfunan, Maria Virginia
Khairun Law Journal Volume 7 Issue 1, September 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i1.6822

Abstract

One form of popular sovereignty is through general elections. This is evidenced by the provisions of Article 1 point 1 of Law Number 7 of 2017 concerning General Elections (Election Law) which stipulates "General Elections, hereinafter referred to as Elections, are a means of people's sovereignty to elect members of the People's Legislative Assembly, members of the Regional Representatives Council, President, and Vice President, to elect members of the Regional People's Legislative Council, which is carried out directly, publicly, freely, confidentially, honestly and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia". General elections that are held directly, publicly, freely, confidentially, honestly and fairly are expected to truly protect human rights in accordance with the guarantee of legal certainty and justice. However, the General Elections Commission has regulations that prohibit every corrupt ex-convict from becoming a candidate for member of the People's Representative Council of the Republic of Indonesia/Regional People's Representative Council and Regional Representative Council (DPR-RI/DPRD and DPD). This study uses a normative research method with a statutory approach (statue approach) and a conceptual approach (conceptual statue).Sources of legal materials are obtained from primary legal materials, secondary legal materials, tertiary legal materials. The technique for collecting legal materials in legal research is carried out through a card system. The analysis technique used in this research is descriptive analytic analysis technique. In addition, it also uses evaluation techniques which are carried out by providing an assessment to find out whether a view, proposition, statement of norms, and decisions contained in legal materials is appropriate or not, and the last is argumentation technique. This argumentation technique cannot be separated from evaluation techniques. because the assessment must be based on reasons that are in accordance with legal logic..
DEVELOPMENT OF HUMAN RIGHTS COURT FROM TIME TO TIME IN LAW ENFORCEMENT IN INDONESIA Suryaningrat, Seno Aji
Khairun Law Journal Volume 6 Issue 1, September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5637

Abstract

Court of Human Rights is a special court below the General Court that located in the Regency/City which jurisdiction includes in its District Court. The authority of the Court of Human Rights is tasked to examine and rule on cases of human rights violations, investigate and adjudicate serious violations of human rights which heavily committed outside the territorial boundaries of the Republic of Indonesia by an Indonesian citizen. Court of Human Rights, which adjudicate cases of gross human rights violations in East Timor Polls Post-defendants have been executed by both military and civilian, and was decided by the Court of Human Rights under law No. 26 Year 2000 regarding Human Rights Court
Efektivitas Peranan Direktorat Jenderal Bea dan Cukai Dalam Pengawasan Atas Barang Impor Fasilitas Kawasan Berikat Di Wilayah Hukum Kantor Pengawasan Dan pelayanan Tipe Madya Pabean B Makassar Sainal, Sainal; Alauddin, Rusdin; Rumkel, Nam
Khairun Law Journal Vol 3, No 1 (2019): Volume 3 Issue 1, September 2019
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v3i1.2889

Abstract

Fungsi Kawasan Berikat adalah sebagai tempat penyimpanan, penimbunan, pengolahan barang yang berasal dari dalam dan luar negeri. Kemudahan yang diberikan dalam kawasan berikat adalah pelayanan dan pengurusan dokumen ekspor dan impor berada dalam satu atap (satu kantor). Perusahaan penerima fasilitas kawasan berikat mendapatkan fasilitas penangguhan bea masuk, yaitu peniadaan untuk sementara kewajiban pembayaran bea masuk sampai dengan timbulnya kewajiban untuk membayar berdasarkan undang-undang. Jadi sepanjang ketentuan yang menyebabkan harus dibayarkannya bea masuk tersebut tidak terjadi maka penangguhan bea masuk tetap berlaku. Apabila perusahaan hendak mengeluarkan barang asal impor ke dalam daerah pabean (diimpor untuk dipakai), maka akan dipungut bea masuk, sepanjang pengeluarannya tersebut tidak ditujukan kepada pihak yang mendapatkan fasilitas pembebasan atau penangguhan bea masuk.
PERTANGGUNG JAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA ILEGAL FISHING Dukomalamo, Muhammad Jufri
Khairun Law Journal Volume 8 Issue 2, March 2025
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v8i2.9464

Abstract

This research analyzes corporate criminal liability in illegal fishing in North Maluku. North Maluku, which has abundant fisheries resources, is closely related to illegal fishing crimes corporations commit. This not only causes economic losses but also covers comprehensive ecological aspects. Using qualitative methods with an empirical normative approach, this research found that illegal fishing crimes can be categorized into 2, namely administratively illegal and procedurally illegal. Through analysis carried out on two court decisions, namely Supreme Court Decision Number 72/Pid.Sus/2021/PN Tte, and Supreme Court Decision Number 275/Pid.Sus/2019/PN Tte, it was found that the person delegated responsibility by the court was the ship's captain. In fact, if further analysis is carried out, the criminal acts committed in these two cases have the potential to take the form of corporate crimes. The absence of a special judicial institution in the field of illegal fishing, as well as the law enforcement process which is still oriented towards humans (natuurlijke persoon) rather than legal entities (rechtspersoon) as legal subjects, are empirical obstacles why corporate accountability in illegal fishing crimes is difficult to implement.
JURIDIC REVIEW ON THE MAINTENANCE OF LABOR HEALTH THROUGH THE BPJS PROGRAM Pratama, Dito; Shaharani, Zahira; Ibrahimi, Abdallah
Khairun Law Journal Volume 5 Issue 2, March 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5436

Abstract

Health Care Insurance is a form of health protection guarantee, with the intention that participants get health benefits or protection to meet health needs for everyone who has paid their dues or whose contributions have been borne by the government. National Social Security is a government and community plan designed to determine the amount of social welfare protection for all people in order to meet their needs and social welfare. The Social Security Administering Body (BPJS) is the institution that manages or operates the National Social Security System Plan (SJSN). But the form of implementation in BPJS is that many health insurance services are provided to participants whose needs are limited. This health service is needed by the community to overcome their health problems. With this research aims to be able to determine the health care insurance for workers associated with optimal health services for workers. In addition, it is also known the form of services provided by BPJS in protecting some rights to the health of workers.
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti, Suwarti; Malik, Faissal
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1884

Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri, Phireri; Syahril, Muhammad Akbar Fhad; M. Djafar, Muhammad Mufti
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
Criminal Sanctions in the Application of Electronic Ticketing Using CCTV (Closed Circuit Television) Recording by Satlantas Polda Maluku Utara Mufti, Muhammad; Suyatni, Dewi; Faisal, Faisal
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v4i2.3101

Abstract

This study aims to determine how the criminal sanctions against electronic traffic ticket offenders using CCTV (Closed Circuit Television) recordings and what obstacles are experienced by the North Maluku Regional Police in the application of electronic ticket penalties using CCTV (Closed Circuit Television) recordings. The type of research used in this research is empirical normative research type. Location This research was conducted at the North Maluku Police Traffic Unit. In addition, researchers also conducted direct interviews with the community regarding the application of electronic ticketing by the North Maluku Police Traffic Unit which was recently implemented in Ternate City. Then, the data obtained were analyzed descriptively qualitatively. Based on the pre-research conducted by researchers, the e-ticket system used by the North Maluku Police Traffic Police is regulated in article 272 of Law number 22 of 2009 concerning road traffic and transportation, the application of e-ticketing through CCTV footage is not yet fully effective because it has only been implemented in one city out of 10 municipalities in North Maluku Province, namely Ternate City, and is still in the socialization period, but what researchers highlight is the application of e-ticketing penalties that have not been clearly regulated by the traffic law. How are the criminal sanctions applied by the North Maluku Police Traffic Unit, if the vehicle recorded by CCTV is not the legal owner listed on the vehicle registration documents (Vehicle Registration Certificate), how is the application of traffic penalties against vehicles or offenders who are sanctioned criminal. One of the principles of criminal law is that there is no crime without error, that a person can only be punished for his actions if there is an error in himself. Whether the offender driving the vehicle at that time, not the legal owner of the vehicle listed on the vehicle registration certificate, is given a criminal sanction. Or is it the owner of the vehicle who must be responsible for the negligence of the offender? The obstacle experienced by the North Maluku Police Traffic Unit is the absence of a traffic regulation that clearly regulates e-ticketing penalties
Menakar Nilai Agama dan Moral dalam Hukum Pidana Indonesia Amriyanto, Amriyanto
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v1i1.431

Abstract