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INDONESIA
Jurnal Hukum Pelita
Published by Universitas Pelita Bangsa
ISSN : -     EISSN : 28092082     DOI : https://doi.org/10.37366/jh.v3i1.998
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL HUKUM PELITA adalah jurnal ilmiah dan akses terbuka yang dikelola oleh Prodi Hukum dan diterbitkan oleh LPPM Universitas Pelita Bangsa. Jurnal ini bertujuan dan fokus untuk menerbitkan karya baru dengan kualitas di bidang Hukum dalam hal Entreprenership, adapun ruang lingkup pembasan pada jurnal ini antara lain : 1. Hukum Pidana 2. Hukum Perdata 3. Hukum Tata Negara 4. Hukum Administasi Negara 5. Hukum Islam 6. Hukum Perdata Islam 7. Hukum Agraria 8. Hukum Acara 9. Hukum Adat 10. Hak Asasi Manusia 11. Hukum Bisnis 12. Hukum Ekonomi 13. Hukum Pasar Modal 14. hal lain yang berkaitan dengan Entrepenership dalam aspek Hukum. Namun, artikel yang tidak termasuk dalam Entrepenersip dalam aspek Hukum tidak tercakup dan di luar cakupan jurnal ini.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Hak Fungsi Reproduksi Bagi Warga Binaan Pemasyarakatan Perempuan Di Indonesia Betesda, Betesda; Tumanggor, M.S; Setyowati, Dwi Andayani
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5528

Abstract

Provisions regarding the fulfillment of rights for inmates have been regulated both nationally and internationally, especially for female inmates. A country's policy must be a strong foundation for fulfilling the rights of female inmates, especially in reproductive functions and improving their health in correctional institutions. This writing uses a doctrinal research method, namely based on doctrine, regulations, principles, norms or values ​​and through literature studies with identification of legal sources by analyzing the legal sources. This study uses a comparative law approach to solve related problems. Comparative law aims to compare the laws of a country, the laws of a time and court decisions
Kepastian Hukum Tentang Legalitas Perkawinan dan Pencatatan Bagi Umat Beda Agama Di Indonesia Purwanto, Eko; Poesoko, Herowati; Zeinudin, Moh
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5544

Abstract

Regulations regarding interfaith marriage and registration in Indonesia have developed dynamically over time. It was found that there were court decisions rejecting interfaith marriages and their registration, but it was also found that there were court decisions granting permission. This is considered to cause legal uncertainty, because inter-religious marriages still continue to occur, while Law Number 1 of 1974 concerning Marriage and its amendments do not yet strictly and clearly regulate inter-religious marriages. This research focuses on examining the meaning of interfaith marriage and its registration over time in Indonesia as well as the direction of legal reconstruction in the future. This research is normative legal research that uses a statutory approach, a historical approach and a case approach. The legal hermeneutics research method is used to analyze the collected legal material. The research results found that the meaning of interfaith marriage and its registration experienced dynamics in its historical development in Indonesia from time to time, giving rise to legal uncertainty. Interfaith marriages and their registration can be given legal certainty by using a Court Decision or carried out abroad (in a country that permits interfaith marriages) and then reporting the registration administratively to the Civil Registry Office or Dukcapil Office to obtain legal certainty based on the provisions of the Marriage Law, Regulations Government Number 9 of 1975 concerning Implementation of UUP, and Law Number 23 of 2006 concerning Population Administration, as amended by Law Number 24 of 2013
Rekonstrusi Asas Legalitas Materil Dalam Pemidanaan Di Masyarakat Hukum Adat Kampung Kuta Kabupaten Ciamis Adhyaksa, Gios; Hidayat, Sarip; Yuhandra, Erga
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5572

Abstract

Enforcement principle legality formal in in the Criminal Code​ Wetboek Van Strafrecht Voor Nederlanshe Indie (WvS -NI) in Indonesia has significant weakness.​ Weakness main from principle This is limit its vastness criminalization to act criminal law. Number 1 of 2023 concerning the Criminal Code​ change principle legality from principle legality formal become principle legality material, principle legality material determine that base worthy convicted a action is living law​ in society (law) No written). Implementation principle This in a way substantial expand range principle legality and in philosophical give respect to custom customs that still exist is in Indonesia at the moment This. The approach method used in study This that is juridical - empirical, researcher face to face direct with society Kuta Village Customary Law Community as object research. Results and Discussion Reform of Indonesian Criminal Law by Law Number 1 of 2023 concerning the Criminal Code​ in a way firm show that expansion of the Law no written that has been there is in Indonesia applied Because provision said , the Kuta Village community has law customs that are not written known​ as " taboo ", which is tradition inheritance local which is guarded and obeyed by the people of Kuta Village. If there is violation, violation will completed through institution customs and individuals who violate will given sanctions custom
Mitigasi Risiko Keamanan Data dalam Implementasi Sertifikat Tanah Elektronik untuk Mewujudkan Kepastian Hukum bagi Pemegang Hak Atas Tanah Arif, Ach Farhan; Poesoko, Herowati; Munir, Miftahul
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5674

Abstract

Digital transformation in land services has introduced the innovation of electronic land certificates, replacing the conventional physical system of analog certificates. This initiative by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) is expected to enhance administrative efficiency in land services, accelerate service processes, and provide legal certainty for landowners. However, the implementation of electronic land certificates also presents challenges related to land data security and legal protection. Risks such as data manipulation, cyberattacks, and data loss are key issues that could hinder the sustainability of this system. This research aims to identify risk mitigation strategies necessary to ensure legal certainty for landowners. Using a normative juridical research type with a perspective analysis approach, the study highlights the importance of adequate regulatory harmonization and advanced technology in managing land data security.The research findings indicate that effective risk mitigation requires collaboration between the government—particularly the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) at central and regional levels—and other stakeholders related to legal protection of electronic documents. Through holistic mitigation strategies, electronic land certificates can not only enhance efficiency but also provide optimal legal protection needed to build public trust in the digital land system. Consequently, the sustainability of the digital system through electronic land certificates can be achieved. This research provides recommendations to strengthen data security systems, improve regulations, and educate the public as crucial steps in transforming land services
Pertanggungjawaban Hukum Perbuatan Kampanye Hitam (Black Campaign) dalam Pemilu Melalui Media Sosial Karim, Abd; Zeinudin, Moh; Suhartono, Slamet
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5676

Abstract

This article examines black campaigning on social media during the general election and its legal liability. Using legislative and conceptual approaches, normative legal research is done. Primary, secondary, and tertiary legal materials are used. Legal materials are analysed descriptive-qualitatively. Black political campaigns routinely abuse social media to attain their goals. The Law on General Elections and the General Election Commission Regulation on General Election Campaigns in Indonesia govern social media use in campaigns to combat this. The Law on General Elections and the Law on Information and Electronic Transactions penalise social media black campaigning with fines and jail time. Such actions are election crimes and cybercrimes since they involve technology
Ratio Decidendi Pemberhentian Sementara Kepala Desa Akibat Dugaan Melakukan Tindak Pidana Pemalsuan Surat suprayitno, agus; Poesoko, Herowati; Munir, Miftahul
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5725

Abstract

This research discusses the court decision with the defendant Akhmad Wa'il as the Head of Guluk Guluk Village, Guluk Guluk District, Sumenep Regency who is suspected of forging letters, namely using fake diplomas when registering as a candidate for village head. Based on the court decision of the Sumenep District Court Number 195/Pid.B/2022/PN.Smp jo 1351/Pid.B/2022/PT. Sby jo 603 K/Pid/2023. In the first and second level verdicts, the judge stated that the defendant was proven to have forged a letter in the form of a fake diploma. However, in the Supreme Court's decision, the defendant was proven not guilty of forging letters, considering that the Supreme Court is the Supreme Court that serves as a Judex Juris and not a Judex Factie. This study aims to describe the ratio of judges in the Supreme Court decision number 603/K/Pid/2023 which annulled the previous decision to not guilty of forging letters. The method used in this study is Normative by using secondary data or library data (library research) with the Statute Approach and Case Study approach
Tinjauan Kritis Hak Pekerja Kontrak Dalam Pemutusan Hubungan Kerja Berdasarkan PP No. 35 Tahun 2021 Arifin, Arifin; Radian, Muhammad Luthfi; Imelda, Dhea Gita
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5753

Abstract

The government was formed to protect all Indonesian people, advance public welfare and educate the nation. The Indonesian nation consists of various ethnicities, cultures and languages ​​but is united in diversity. To regulate diverse life, the government makes various policies, both through laws, government regulations, etc. In industrial relations, the government has enacted the Employment Law and Government Regulations that regulate rights and obligations as well as work conditions. The Employment Law currently in effect is Law No. 13 of 2003 concerning Employment and Law No. 6 of 2023 concerning Job Creation. One of the contents of Law No. 13 of 2003 concerning Employment and Law No. 6 of 2023 concerning Job Creation is about the Rights of Contract Workers (PKWT) whose employment relationship ends due to the end of the agreed period or the termination of their employment relationship before the end of the agreed period. As an implementing regulation of the Law, the Government issued Government Regulation No. 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Hours, and Termination of Employment.
Analisis Siyasah Tanfidziyah Terhadap Implementasi Perda Kabupaten Lampung Barat Nomor 1 Tahun 2017 Tentang Kawasan Tanpa Rokok Alaisyahda, Vensy; Syukur, Iskandar; Karini, Eti
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5765

Abstract

The prevalence of smoking behavior in society has become a problem that must be addressed immediately by the government, the dangers of cigarettes are currently not only a problem for adults but also a problem for teenagers, especially those aged 15-18 years, namely children who are still in high school, to overcome this problem, the West Lampung Regency Government has formed a policy on areas that are restricted to not smoking in the environment which is usually called KTR. In this study, the method used is a qualitative research method with the type of field research, the author also uses library research as a support in conducting research, using literature in the library related to the problem to be studied. The findings of the study identified that the Implementation of West Lampung Regency Regional Regulation Number 1 of 2017 concerning Smoke-Free Areas has not been implemented properly, there are no signs or banners for smoke-free areas, and students were found smoking in the school environment, based on Fiqh Siyasah Tafidziyah, the policy regarding the Smoke-Free Area has been in accordance with Islamic law because it was made/determined for the benefit of humanity, but its implementation has not been implemented effectively.
Suntik Mati (Euthanasia) dalam Perspektif Kesehatan dan Kitab Undang-Undang Hukum Pidana (KUHP) Dewi, Sartika; Amaliya, Lia; Arafat, Zarisnov; Gagarin Akbar, Muhammad Gary
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5781

Abstract

The development of treatment or medical procedures is greatly utilized by humans to cure diseases and even to end a person's life or death. If a human experiences pain and there is no longer any hope for him to recover, plus several other factors that aggravate his situation, it can give rise to thoughts of ending his life. With advances in technology in the health sector, someone who can no longer stand the pain they are suffering from can ask a doctor to end their life. In medical terms, a person's request to a doctor to end their life because they can no longer stand the pain is usually called euthanasia. Lethal injection (Euthanasia) is the act of ending the life of a person who is experiencing very severe suffering (illness) and is medically incurable. This research aims to determine the regulations for lethal injection (euthanasia) from a positive health and legal perspective in Indonesia. The research method uses a normative juridical approach which is descriptive. Data sources consist of secondary data, namely primary, secondary and tertiary legal sources. The data collection method is literature study, then the data is analyzed qualitatively. Euthanasia, whether active or passive, is contrary to human rights. Doctors must not carry out any action that could take the patient's life, because the patient's health and safety is the highest law for doctors. Indonesia does not recognize the right to die as reflected in Article 461 of the Criminal Code, so a patient does not have the right to determine his death even if the request is based on the patient's sincerity
Penanganan Responsif Perempuan Disabilitas dalam Sistem Peradilan Pidana Indonesia Saimima, Ika Dewi Sartika
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5786

Abstract

Women with disabilities are a minority group vulnerable to various forms of violence and discrimination, including physical, psychological, and exploitation. This vulnerability is exacerbated by stigma and the assumption of inability to defend oneself, especially for those with mental and intellectual disabilities. Women with disabilities also face discrimination in the investigation and judicial processes, as well as difficulties in accessing information, legal services, and disability-friendly judicial facilities. Although the 1945 Constitution guarantees equality before the law and Law No. 8 of 2016 recognizes the legal capacity of persons with disabilities, its implementation has not been optimal, including in procedural law. The research method used is the normative juridical method, which refers to Law Number 8 of 2016 concerning Persons with Disabilities and Government Regulation No. 39 of 2020 concerning Reasonable Accommodation for Persons with Disabilities in the Judicial Process. The high rate of violence against disabled groups is exacerbated by systemic barriers such as the lack of physical accessibility, information, and inclusive judicial procedures; discrimination and negative stereotypes; and the limited understanding of law enforcement officials. Even though there are laws at both international and national levels, the protection for people with disabilities hasn't been very effective because of inconsistent rules and the way Government Regulation No. 39/2020 focuses too little on inclusive procedural law.

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