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Justness : Jurnal Hukum Politik dan Agama
Published by Sekolah Tinggi Ilmu Hukum Zainul Hasan
ISSN : -     EISSN : 28290607     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JUSTNESS : Jurnal Hukum dan Agama Pernyataan kode etik ilmiah merupakan pernyataan kode etik semua pihak yang terlibat dalam proses publikasi JUSTNESS: Jurnal Hukum Politik dan Agama, yaitu pengelola, editor, mitra bestari dan pengarang/penulis.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 64 Documents
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PEMANFAATAN TANAH TERLANTAR BERDASARKAN PERMEN AGRARIA DAN TATA RUANG / KEPALA BADAN PERTANAHAN NASIONAL NO. 20 TAHUN 2021 Laili Saiful, Wardatul Muniroh; Fathullah, Kholidazia Elhamzah
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.57

Abstract

Abstract Land is a gift from god almighty which is one of the main elements in all activities of human life. Criteria for abandoned land and utilization procedures according to Minister of ATR/Head of BPN Regulation No. 20 of 2021 concerning Procedures for Controlling and Utilizing Abandoned Areas and Land. The aim of this research is to analyze the regulation of abandoned land in laws and regulations in the land sector and to discuss the criteria for determining whether land is declared as abandoned land with the issuance of PP Number 20 of 2021 concerning Controlling Abandoned Areas and Land. This research is normative legal research which uses legal materials with a statutory approach and a contextual approach. The source of the legal material for this research comes from primary legal material which is Ministerial Regulation Number 20 of 2021. The results of this research found that Ministerial Regulation Number 20 of 2021 states that abandoned land is entitled land, land with management rights, and land obtained based on the basis of land control. which are intentionally not cultivated, not used, not exploited, and/or not maintained. Therefore, land abandonment must be prevented and regulated to reduce or eliminate its negative impacts. Thus, preventing, controlling and utilizing abandoned land is an important step and prerequisite for carrying out national development programs, especially in the agrarian sector which has been mandated by the 1945 Constitution of the Republic of Indonesia, Basic Regulations on Agrarian Principles. Keyword : Utilization, Abandoned Land, Ministerial Regulations, Control and Utilization of Abandoned Land.
PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN PENCABULAN MENURUT UU NO 31 TAHUN 2014 Putri, Wirda Ayu; Qorib, Fathul
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.58

Abstract

Abstract Protection for witnesses and victims is a form of government in protecting or providing security for witnesses and victims before and after giving testimony in a criminal case that they have seen and experienced themselves. Meanwhile, fornication is any type of act that violates decency and decency or can also be a vile act that falls within the realm of lust, such as touching the genitals, kissing, touching the breasts and so on. Researchers are required to understand the principles in the applicable laws and regulations that have been established in addition to using a conceptual approach so that in this writing they can be found in the laws. The results of this research show that: (a) Legal protection is an illustration of the working of the legal function to realize legal goals, namely justice. Benefits and legal certainty. Legal protection is protection given to legal subjects in accordance with legal regulations, both in the form of preventive (prevention) and in the form of recessive (coercion), both written and unwritten in the context of enforcing legal regulations. (b) The form of legal protection for witnesses and victims is the view of citizens or society that in a government regulation there must be protection for every person who provides information for the purpose of investigation. Based on the above, this research recommends: The government and the authorities in providing protection services to witnesses and victims, especially victims of sexual abuse, need to consider stricter and more effective protection services provided to witnesses and victims of sexual abuse. Keywords: Obscenity, Legal Protection, Witnesses and Victims.
UPAYA BAWASLU KABUPATEN PROBOLINGGO MENINGKATKAN PERAN SERTA MAHASISWADALAM PENGAWASAN PARTISIPATIF Aprilia, Violeta Dwi; Rohim, Abdur
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.59

Abstract

Abstrack Election Supervisory Board (Bawaslu) as a trusted body of guardians in holding democratic, dignified, and quality elections. Bawaslu or the General Election Supervisory Agency is an election organizing agency in charge of supervising the implementation of elections in all regions of the Unitary State of the Republic of Indonesia. The vision of the General Election Supervisory Agency (Bawaslu) is the realization of the General Bawaslu's role is very important because it aims to create an election with integrity in accordance with the rules of the election. The purpose of this research is to find out how important the role of students in the election and what are the efforts of the Probolinggo Regency General Election Supervisory Agency (Bawaslu) in increasing the role of students in participatory supervision. This research method uses an empirical research method with an approach through interviews and looking at existing data to the staff and commissioners of Bawaslu Probolinggo Regency. With this research, we hope that there will be an understanding regarding the duties and authorities of Bawaslu and the role of students who should be to oversee future elections and elections. The results of this study concluded that the role of students is very important in participatory supervision for future elections and elections. To avoid unwanted things in the implementation of the election, the Bawaslu of Probolinggo Regency has contributed to providing education to increase the Human Resources (HR) of students related to the election. With the role of students, it is expected to minimize all forms of violations in every stage in the Elections and Elections. With the synergy between the Bawaslu of Probolinggo Regency and students, it is hoped that there will be an increase in the progress of democracy in Indonesia. Keyword : Effort, Bawaslu, Role, University Student.
AKIBAT HUKUM DARI PEMBUATAN AKTA JUAL BELI YANG MENDAHULUI PROSES PEMECAHAN SERTIFIKAT TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Kantor Pejabat Pembuat Akta Tanah Muhamad Nur Kholis Muslim, SH., M.Kn.): AKIBAT HUKUM DARI PEMBUATAN AKTA JUAL BELI YANG MENDAHULUI PROSES PEMECAHAN SERTIFIKAT TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Kantor Pejabat Pembuat Akta Tanah Muhamad Nur Kholis Muslim, SH. admin, Admin; Moh. Babur Rizki; Khusnul Hitaminah; Abdur Rohim
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.66

Abstract

Abstract The making of a deed of sale and purchase of land by a Land Deed Official (PPAT) originating from a parent land certificate must first be carried out by splitting the land certificate. However, in its application, PPAT MuhamadNurKholis Muslim, SH, M.Kn issued a deed of sale and purchase of land originating from the parent land certificate without preceding the splitting of the land certificate. This study aims to determine the legalconsequences of making a deed of sale and purchase of land that precedes the process of splitting the land certificate at the Office of PPAT MuhamadNurKholis Muslim, SH, M.Kn and the settlement process. This research is an empirical juridical research using a conflict approach, namely by analyzing the problems of making a deed of sale and purchase conducted through interviews and analysis of related documents. The results of this study explain that the sale and purchase deed made prior to the process of splitting the land certificate is an inappropriate procedure, the document does not contain correct information so that it does not have strong legal force. The settlement process is carried out by the relevant parties submitting the split of the main land certificate to the BPN Office of Probolinggo Regency and revising the sale and purchase deed to the PPAT concerned. With these problems, it is hoped that all PPATs will carry out their duties procedurally. Keywords: Deed, Sale and Purchase, Split, Land Certificate
NETRALITAS KEPALA DESA TANJUNG DALAM MENGAWAL PEMILIHAN UMUM 2024 MENURUT UNDANG-UNDANG NO 7 TAHUN 2017 TENTANG PEMILIHAN UMUM: NETRALITAS KEPALA DESA TANJUNG DALAM MENGAWAL PEMILIHAN UMUM 2024 MENURUT UNDANG-UNDANG NO 7 TAHUN 2017 TENTANG PEMILIHAN UMUM admin, Admin; Fitrotun Nisak; Muhammad Zainal; Fathul Qorib
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.68

Abstract

Abstract Election is a means of people's sovereignty to elect members of the DPR, DPD, DPRD, President and vice President. Law Number 7 of 2017 regulates various aspects of the implementation of elections in Indonesia, including the neutrality of village heads in carrying out their duties and responsibilities during the Election process. The village head has an important role as an election organizer at the village or village level. This research aims to ensure that the head of Tanjung village can carry out his role neutrally and free from interventions and intimidation that affect the course of the 2024 election. This research is an empirical research, the location of the research was carried out in Tanjung Pajarakan village with the method of Interview, Observation, Document Analysis, Literature Study and Technical Data Analysis The results of the research show that the head of Tanjung village has a strategic role in overseeing the 2024 election process at the village level but the head of Tanjung village is also faced with various challenges, such as pressure and intervention from parties who want to influence the election process at the village level Keywords:Neutrality, Village chief, General election
PERAN KEIMIGRASIAN DALAM PENGAWASAN TERHADAP WARGA NEGARA ASING YANG MENGAJUKAN IZIN TINGGAL SEBAGAI TENAGA KERJA ASING DI KANTOR IMIGRASI KELAS 1 TPI MALANG BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN: PERAN KEIMIGRASIAN DALAM PENGAWASAN TERHADAP WARGA NEGARA ASING YANG MENGAJUKAN IZIN TINGGAL SEBAGAI TENAGA KERJA ASING DI KANTOR IMIGRASI KELAS 1 TPI MALANG BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN admin, Admin; Wardatul Muniroh Laili Saiful; Mohammad Anton Suryadi; Muhammad Hendra
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.69

Abstract

Abstract One of the roles of immigration in supervising foreign citizens who apply for residence permits as foreign workers at the TPI Malang Class 1 Immigration Office is to monitor supervision by the immigration authorities and the application of sanctions if there is misuse of the residence permit. This research was motivated by all supervision from both administrative supervision and field supervision at the TPI Malang Class 1 Immigration Office.This research aims to determine the role of immigration as well as the procedures and processes for granting residence permits to foreign citizens as foreign workers. To find out the application of sanctions for misuse of residence permits both in the process and the obstacles faced by immigration authorities based on Law Number 6 of 2011 concerning Immigration. The research approach used in preparing this research is Empirical Juridical. This research technique is interviews, field observations and document studies. The results of the research state that the role of immigration in supervising foreign citizens who apply for residence permits and abuse residence permits can be maximally enforced based on Law Number 6 of 2011 concerning Immigration. According to the Head of the Immigration Stay Permit Sub-Section at the TPI Malang Class 1 Immigration Office, this happened due to supervision carried out by immigration in accordance with Law Number 6 of 2011 concerning Immigration carried out with administrative actions and immigration pro-justice actions, as well as the granting process. for a residence permit you must apply for RPTKA to obtain IMTA, apply for VITAS, fill in the formula and then be given a Limited Stay Permit Card. And the application of sanctions for misuse of a residence permit is deportation or being placed in a detention room provided by immigration. Keywords:The role of immigration, supervision, foreign nationals, residence permits
PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN BERBASIS GENDER: PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN BERBASIS GENDER admin, Admin; Wirda Ayu Putri; Ach. Syamsul Askandar; Rudi Cahyono
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.70

Abstract

Abstract Sexual violence is one of the most serious and far-reaching forms of gender-based sexual violence. Sexual violence can occur in various contexts, including during disasters. Disasters can create vulnerable conditions for women and girls to become victims of sexual violence. PPPA Ministerial Regulation No. 13 of 2020 provides comprehensive protection for victims of sexual violence in disasters. This protection includes prevention, treatment and recovery. This research aims to find out what forms of gender-based violence exist and how legal protection works in efforts to restore the condition of children who have experienced trauma due to sexual abuse. The method used in the research is Normative Juridical, namely by examining statutory regulations and researchers also use a conceptual approach so that in this writing it refers to the views of scholars and legal doctrines. The results of the research in preparing this thesis, the first form of gender-based violence, namely rape/attempted rape, sexual abuse, sexual exploitation, sexual violence, physical violence, psychological violence, economic neglect, sexual slavery, forced abortion, forced marriage, and trafficking of women for other purposes. sexual. Second, according to article 1 number 2, Law Number 35 of 2014 concerning Child Protection, it is stated that: Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate, optimally in accordance with their dignity. and human dignity and receive protection from violence and discrimination. Such as protection in the fields of religion, health, education, social and special protection. Keywords : legal protection, victim, gender based violence
RESTORATIVE JUSTICESEBAGAI UPAYA ALTERNATIF PENYELESAIAN TINDAK PIDANADI INDONESIA BERDASARKAN PERATURAN KEJAKSAAN REPUBLIK INDONESIANOMOR 15 TAHUN 2020: RESTORATIVE JUSTICESEBAGAI UPAYA ALTERNATIF PENYELESAIAN TINDAK PIDANADI INDONESIA BERDASARKAN PERATURAN KEJAKSAAN REPUBLIK INDONESIANOMOR 15 TAHUN 2020 admin, Admin; Putri Qomariyah Dewi Kumala; Samsul Huda; Hasan Basri
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.71

Abstract

Abstract Restorative justice is the resolution of criminal cases involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair resolution by emphasizing restoration back to its original state, and not retaliation. One of the goals of Restorative Justice is to resolve things together by seeking a fair resolution as a result of the law violation for the benefit of the future. The aim of this research is to find out what mechanisms and efforts are made to achieve restorative justice and what the advantages and disadvantages of restorative justice are. The research approach used in preparing this thesis is normative juridical using a statutory approach. Apart from that, the researcher also uses a conceptual approach so that in this writing the author refers to legal principles. The results of this thesis research show that: (a) Restorative Justice is also one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery. Several mechanisms for resolving prosecutions based on restorative justice according to the Republic of Indonesia Attorney's Regulation Number 15 of 2020 are contained in articles 3, 4, 5 and 6 of the Republic of Indonesia Attorney's Regulation Number 15 of 2020, where the completion of prosecution must meet the requirements for terminating prosecution based on the Republic of Indonesia Attorney's Regulation No. .15 of 2020. (b) Restorative Justice in carrying out its duties also has advantages and disadvantages, one of the advantages of restorative justice is that it not only benefits victims and perpetrators but also society, restorative justice also prioritizes recovery of losses experienced by victims both materially and immaterial. On the other hand, there are shortcomings in restorative justice, namely that restorative justice is not suitable for all criminal acts, only minor crimes. Keywords:Restorative Justice, Criminal Offenses, Termination of Prosecution
TINJAUAN YURIDIS KEPASTIAN HUKUM PEMILIKAN RUMAH OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA MENURUT PERATURAN PEMERINTAH NOMOR 103 TAHUN 2015 TENTANG PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN ORANG ASING YANG BERKEDUDUKAN DI INDONESIA: TINJAUAN YURIDIS KEPASTIAN HUKUM PEMILIKAN RUMAH OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA MENURUT PERATURAN PEMERINTAH NOMOR 103 TAHUN 2015 TENTANG PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN ORANG ASING YANG BERKEDUDUKAN DI INDONESIA admin, Admin; Moh. Rizki Sapta Gunawan; Kholidazia Elhamzah Fathullah; Muhamad Dluha
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.72

Abstract

Abstract This research discusses "Juridical Review Of The Legal Certainty Of Home Ownership By Foreign People Residing In Indonesia According To Government Regulation Number 103 Of 2015 Concerning Ownership Of Houses In Which Foreign People Reside In Indonesia". The background to this research emphasizes the issue of land ownership by foreigners, which is often a complicated and confusing topic in the legal realm, because it does not only cover aspects of ownership itself. This research aims to find out and understand the legal certainty of ownership of a residence or residence by foreigners domiciled in Indonesia according to PP No. 103 of 2015. As well as understanding the mechanisms for implementing and enforcing laws regarding home ownership by foreigners as regulated in PP No. 103 of 2015. The research method used is normative law, namely discussing problems using the approach of Law PP Number 103 of 2015. The results of the research state that the mechanism for implementing and enforcing the law regarding home ownership by foreigners is as regulated in PP No. 103 of 2015. And regarding legal certainty of ownership of residential or residential houses by foreigners domiciled in Indonesia according to PP No. 103 of 2015 in accordance with the original Article 21 paragraph (3) of the UUPA which states that foreigners obtain property rights due to inheritance without a will or mixing of assets due to marriage. Keywords : Legal Certainty, Foreign Citizens, Land Ownership
TINJAUAN YURIDIS TERHADAP PELAKU DEMONSTRASI YANG MELAKUKAN PERBUATAN MELANGGAR HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 9 TAHUN 1998 TENTANG KEMERDEKAAN MENYAMPAIKAN PENDAPAT DI MUKA UMUM: TINJAUAN YURIDIS TERHADAP PELAKU DEMONSTRASI YANG MELAKUKAN PERBUATAN MELANGGAR HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 9 TAHUN 1998 TENTANG KEMERDEKAAN MENYAMPAIKAN PENDAPAT DI MUKA UMUM admin, Admin; Irfan Baihaqi; Muhamad Dluha; Rudi Cahyono
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.73

Abstract

Abstract Expressing opinions in public is a right and can be exercised by anyone because this is protected in the Indonesian constitution. So, as stipulated in the explanation of Law number 9 of 1998 concerning Independence. Expressing opinions in public must be based on the principle of balance between rights and obligations, the principle of deliberation and consensus, the principle of legal certainty and justice, the principle of proportionality, and the principle of benefit. The aim of this research is to determine and analyze law enforcement against demonstration perpetrators who violate the law based on Law Number 9 of 1998 and to determine the supervision of demonstrations so that anarchy does not occur. The benefit of this research is to provide an understanding regarding law enforcement and escorting perpetrators of demonstrations that violate the law. Based on the formulation of the problem and research objectives, the method used is normative juridical, namely by examining statutory regulations, legal theories related to the problem being discussed and based on its nature, using descriptive analytical methods, namely research that describes clearly and carefully the things that are discussed. in question. What is being analyzed is Law Number 9 of 1998 concerning Freedom to Express Opinions in Public. The results of this research illustrate that law enforcement against perpetrators of anarchist demonstrations has been specifically regulated in article 16 of Law Number 9 of 1998 which states that perpetrators or participants in conveying opinions in public who commit acts that violate the law, can be subject to legal sanctions in accordance with the provisions of the Regulations. Applicable legislation. Second, to guard and supervise demonstrations so that anarchy does not occur, procedures for carrying out demonstrations have been established based on Law Number 9 of 1998 which have been regulated in articles 9 to article 14 and have also been regulated in Police Regulation Number 7 of 2012. Keywords: Anarchy, Demonstrations, Unlawful Acts

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