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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Windy Ratna Yulifa; Aris Prio agus Santoso; Aryono Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

Abstract

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.
AUTHORITY AND COORDINATION OF THE CORRUPTION ERADICATION COMMISSION AND THE STATE POLICE OF THE REPUBLIC OF INDONESIA IN INVESTIGATIONS OF CORRUPTION CRIMES IN INDONESIA Charlie Y Usfunan
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.v7i1.6824

Abstract

The aim of this research is to determine the limits of the authority of the Corruption Eradication Committee and the National Police in handling criminal acts of corruption in Indonesia because in practice there are often clashes between the two authorized institutions, namely the Corruption Eradication Commission and the Indonesian National Police, in handling criminal acts of corruption.This research is normative legal research that uses a statutory approach and a legal concept analysis approach. The data sources used in this research come from primary data sourced from statutory regulations and secondary data sourced from literature.From the results of this research, it can be concluded that the authority of the Corruption Eradication Commission as an institution for eradicating corruption is delegated authority, while the authority of the National Police in eradicating corruption is attribution authority. However, the Corruption Eradication Commission (KPK) is a super body institution in handling criminal acts of corruption, especially in the investigation process. In relation to coordination, the Corruption Eradication Commission has special authority that is not owned by the National Police, however, the Corruption Eradication Committee still coordinates with the National Police in carrying out its duties and authority.
IMPLEMENTATION OF ADDITIONAL CRIMINAL SANCTIONS IN THE FORM OF PAYMENT OF MONEY IN CRIME OF CORRUPTION IN INDONESIA (CRITICAL REVIEW OF THE PRINCIPLE OF LEGAL CERTAINTY IN DECISION NUMBER 5035 K/Pid.Sus/2022) Egiardus Bana
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6578

Abstract

Additional criminal sanctions in the form of payment of replacement money to perpetrators of corruption are seen as strategic in the context of recovering state financial losses. The sanctions are regulated in Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Jo. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 Law concerning Eradication of Corruption Crimes. In the application of the law, there is an imbalance regarding how additional punishment in the form of payment of replacement money should be applied to perpetrators of corruption. This results in the creation of legal uncertainty. For this reason, in order to overcome this, it is necessary to conduct a critical study regarding the application of additional criminal sanctions in the form of replacement money in Decision Number: 5035 K/Pid.Sus/2022. By conducting a critical review, it is hoped that the existence of additional criminal sanctions in the form of payment of reimbursement money can be applied consistently so as to provide legal certainty guarantees for perpetrators of corruption.
RESTRICTIONS ON THE VOTING RIGHTS OF FORMER CORRUPTOR CONSTITUTIONS Maria Virginia Usfunan
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..
THE POSITION OF THE DPRD VIEWED FROM THE PERSPECTIVE LEGAL POWER AND POSITION OF THE STATE Robertus B Oe Haki
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6599

Abstract

This article aims to find out the concept of the position of the DPR in the perspective of the law of state power and position. Specifically, that law has an important meaning for power because law can act as a means of legalizing the formal power of state institutions, especially the position of the DPR through establishing a legal basis (rules of law) and playing a role in controlling power so that its implementation can be accounted for logically and ethically. The research method used in this paper is normative legal research using a conceptual approach. The results of the study show that the position of the DPRD as a state position is the essence of the limitation of state power by law, in this case the provisions of the laws and regulations governing it as a manifestation of the nature of Indonesia as a state based on law (rechts staat) not based on power (machts staat) as the mandate of the 1945 Constitution which is the legal basis and measure of the performance of state power and positions in all state power institutions, namely the legislature, executive and judiciary. Legal restrictions on the authority of the DPRD office through Law Number 17 of 2014 concerning the MPR, DPR, DPD, DPRD are normatively sufficient, but the limitation on the term of office of the DPRD is still considered not to reflect the principle of equality with provisions regarding other elected political terms. through the mechanism of direct election by the people..
SETTLEMENT OF STATE ADMINISTRATIVE DISPUTES Yudith Bana
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.v7i1.6823

Abstract

Indonesia is a country of law as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In line with these provisions, it provides an understanding that all government actions must be based on law. The law here is a guideline and limiter for the implementation of authority carried out by the government. This is intended so that the government is not arbitrary in its actions. The government's authority is focused on implementing executive power at both the central and regional levels. As this has been shared in Baron de Montesquie's theory of the Separation of Powers, which requires that executive power is government power. This research uses a normative method with a statutory approach (statue approach) and a conceptual approach (conceptual statue), the source of legal materials is obtained from primary legal materials, secondary legal materials, tertiary legal materials, the technique of collecting legal materials in this research is carried out through a card system. (card system). The analysis technique used in this research is descriptive analytic analysis technique. Apart from that, we also use evaluation techniques, which are carried out by providing an assessment to find out whether a view, proposition, norm formulation statement, and decision stated in legal materials are correct or not, and the last is the argumentation technique. This argumentation technique cannot be separated from the evaluation technique. Because the assessment must be based on reasons that are in accordance with legal logic.
LEGALITY OF LEGAL ENTITIES OF VILLAGE OWNED ENTERPRISES (BUMDES) POST LAW NUMBER 11 OF 2020 CONCERNING JOB COPYRIGHT Feni Nur Fitria Dewi; Nunik Nurhayati; Nuria Siswi Enggarani; Labib Muttaqin
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.v7i1.6806

Abstract

This research aims to discuss the background to the policy on the obligation to change Village-Owned Enterprises (BUMDes) from business entities to legal entities and the development of BUMDes legal entity status in Banyudono District, Boyolali Regency. Law Number 11 of 2020 concerning Job Creation in Article 117 amends Article 1 (6) of Law Number 6 of 2014 concerning Villages. Before the changes to the Village Law, BUMDes were described as business entities, whereas in the Job Creation Law BUMDes were described as legal entities. The research method used is empirical juridical, located in Banyudono District, Boyolali Regency, Central Java. The results of the discussion showed that 1) The aim of the promulgation of Article 117 of the Job Creation Law is to be able to absorb the widest possible Indonesian workforce amidst increasingly competitive competition and the demands of economic globalization, including at the village level by optimizing BUMDes. 2) In Banyudono District, Boyolali Regency, there are 15 (fifteen) villages and only 5 (five) BUMDes, but there are 2 (two) BUMDes that have not yet been incorporated, namely BUMDes Banyudono and BUMDes Hamlet.
PENYELESAIAN SENGKETA E-COMMERCE MELALUI ONLINE DISPUTE RESOLUTION Muhammad Iqbal Suma
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.v7i2.7434

Abstract

Technological breakthroughs have driven significant growth in the economic sector, especially in increasing electronic transactions through digital platforms. The growth of e-commerce transactions has also led to trade disputes that are detrimental to consumers. This study aims to see how aspects of consumer protection are in e-commerce transactions. This research will also analyze how the process of resolving e-commerce transaction disputes through settlement via Online Dispute Resolution (ODR). The results of the research show that the government has made efforts to protect consumers by issuing Law number 8 of 1999 concerning consumer protection. Even so, the law has not been able to guarantee consumer protection in digital transactions in e-commerce. This is because the model of transactions carried out via digital platforms is different from conventional face-to-face transactions. Therefore, it is necessary to optimize and change several aspects of the consumer protection law so that it is able to cover consumer protection in e-commerce transactions. One of the dispute resolution processes is through the Online Dispute Resolution (ODR), which is a Development of Alternative Dispute Resolution (AD). ODR enables efficient dispute resolution through a faster and cheaper process.
MENAKAR KARAKTERISTIK PRODUK HUKUM HASIL PERUBAHAN KETIGA UNDANG-UNDANG MAHKAMAH KONSTITUSI Suwiryo Prawira
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.v7i2.7582

Abstract

Untuk menjamin perlindungan maksimal terhadap hak konstitusional, maka lembaga peradilan konstitusi harus diperkuat. Upaya tersebut harus didukung dengan instrumen hukum atau sistem yang baik. Melalui peluang revisi ketiga UU MK, alih-alih mampu menjawab seluruh permasalahan yang ada, produk legislasi hasil perubahan ketiga UU MK justru merendahkan kedudukan lembaga peradilan konstitusi. Banyak sekali permasalahan dalam proses pembentukan undang-undang yang secara sadar menunjukkan betapa pola intervensi pemerintah terhadap Mahkamah Konstitusi semakin kental, hal ini terlihat dari sifat produk hukum yang dihasilkan sangat jauh dari cita-cita reformasi. Tulisan ini bertujuan untuk mengkaji karakteristik Undang-Undang Nomor 7 Tahun 2020 yang merupakan produk hukum hasil perubahan ketiga UU Mahkamah Konstitusi. Penelitian ini menggunakan metode penelitian hukum doktrinal, dengan pendekatan undang-undang dan pendekatan konseptual. Hasil penelitian menemukan bahwa proses revisi undang-undang Mahkamah Konstitusi mempunyai permasalahan prosedur formal. Kondisi tersebut dengan sendirinya mempengaruhi materi muatan Undang-undang tersebut. Berdasarkan indikator karakteristik produk hukum yaitu proses terbentuknya, muatan materiil dan peluang penafsiran undang-undang menunjukkan bahwa produk hukum tersebut merupakan hasil perubahan terhadap ketiga undang-undang tersebut. Konstitusi Mahkamah Konstitusi bersifat elitis konservatif. .
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri Phireri; Muhammad Akbar Fhad Syahril; Muhammad Mufti M. Djafar
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.

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