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Kajian Hukum
Published by Universitas Janabadra
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian Hukum is a double-blind review academic journal for Legal Studies published by Faculty of Law, Universitas Janabadra. Kajian Hukum contains several types of research and reviews on selected disciplines within several branches of Legal Studies. In addition, Kajian Hukum also covers multiple studies on law in a broader sense. This journal is periodically published (in May and November). Kajian Hukum discusses topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in: Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 81 Documents
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KAJIAN YURIDIS TENTANG PELAKSANAAN ITSBAT NIKAH MENURUT HUKUM POSITIF INDONESIA DI KABUPATEN BANTUL Sri Suwarni; Sri Hendarto Kunto Hermawan
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

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Abstract

The purpose of this study was to find out the reasons for the petition (itsbat) of marriage and the constraints faced in the implementation of itsbat marriage in Bantul regency. This research is done by research method in the form of library research and also conducted field research. In library research, this research used document study to get secondary data,furthermore,field research was done to obtain primary data within qualitative approach that was by conducting interview. Data, which was obtained from the results of literature research and field research,were analyzed qualitatively. The data were further elaborated with descriptive method of analysis, i.e. in discussing the problem was by identifying, analyzing and interpreting data that has been obtained to be taken a conclusion.The result of this research is that the most important reason for the itsbat of marriage in the Religious Court of Bantul Regency is because married couples who have been married but have not or do not have authentic evidence of marriage events that have been done in the form of Marriage Certificate or Marriage Letter. The marriage petition filed is in conformity with the provisions of Article 7 paragraph (2) of the Compilation of Islamic Law which stipulates that in the case of marriage cannot be proven by the Marriage Deed, it can be filed itsbat marriage to the Religious Court. And the petition of marriage that has been granted by the Panel of Judges handling the petition of marriage in the Religious Court of Bantul is also in accordance with the provisions of Article 7 paragraph (3) letter d and letter e, namely the existence of marriage that occurred before the enactment of Law Number 1 Year 1974, and marriages committed by those who do not have marital obstacles according to Law No. 1 of 1974. And the obstacles faced in the implementation of itsbat marriage in Bantul Regency is, most closely related to the proof of the witness who must be presented in the trial, most of those who witnessed marriage had died. Other constraints, especially rural communities, because of the cost factor they have to pay to apply, although actually for the application for people who can afford this is not a problem, while others are still many people who do not understand the existence of assistance for the discharge of the cost of the case who are indigent.Keywords: Implementation, Itsbat Marriage, Positive Law.
PENERAPAN PRINSIP TRANSPARANSI DI LINGKUNGAN PERADILAN TINGKAT PERTAMA DI YOGYAKARTA Ishviati J Koenti
Kajian Hukum Vol 3, No 1 (2018): Mei
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Abstract

Transparency is the principle to open up to the right of the people to obtain correct, honest and non-discriminatory information about governance. Transparency has an important position in implementing "Good Governance", because transparency is a way to realize accountability, and encourage the effectiveness of public participation in the process of organizing the state. The Supreme Court  is obligated to provide complete on the website of the court, either the first level, the appeal or the Supreme Court.The Yogyakarta District Court is the General Court, Industrial Relations Court Corruption Act with and Class IA. The Yogyakarta District Court has a website whose content has been fulfilled under the Supreme Court Decree No. 144 / KMA / SK / VIII / 2007 concerning Information Disclosure in Court and Decree of the Chief Justice of the Supreme Court Number: 1-144 / KMA / SK / I / 2011 But in case the news has not been updated (updated) with the latest news, the latest news is the news one month ago. Religious Court of Yogyakarta, available website, but at the time of the research, is still in the repair and transfer of data, so can not be seen completeness of content and mission nisi news novelty. State Administrative Court   Yogyakarta already has a website whose content has been filled and fulfill what is stipulated in the Decision Letter of the Supreme Court of the Republic of Indonesia.Keywords: transparency principle, court, supreme court decree
PERTANGGUNGJAWABAN PIDANA INDIVIDU DALAM HUKUM PIDANA INTERNASIONAL Danel Aditia Situngkir
Kajian Hukum Vol 4, No 1 (2019): Mei
Publisher : Universitas Janabadra

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Abstract

ABSTRACT            The debate about the whereabouts of individuals as the subject of international law over time seems to get an answer. This is because after the first and second world wars, the international community's attention to human rights is increasing. The desire to bring the responsible perpetrators to account before the criminal court. Efforts to eliminate immunity against perpetrators for crimes committed encourage the establishment of international criminal tribunals ranging from the ad hoc nature to the permanent criminal court. Encouraging individuals as the rights and obligations in international criminal law is getting stronger. Be interesting because the individuals who are held accountable are citizens who actually have the sovereignty to enforce the law to their citizens. This paper will discuss the existence of individuals as subjects of international law and the effort to hold individuals accountable through international court mechanisms. The research method used is normative juridical. Based on legal theory, legal principles, sources of international law and international treaties. From the discussion it is concluded that the existence of individuals in international law can be seen from the granting of rights and obligations in international treaties. The Adhoc and Permanent International Criminal Court is established to demand the accountability of serious crimes against humanity.Keywords : Criminal Responsibility, Individual, International Criminal Law
KEBIJAKAN PIDANA DALAM PEMBERANTASAN PENYALAHGUNAAN NARKOTIKA DI INDONESIA Rendradi Suprihandoko
Kajian Hukum Vol 5, No 2 (2020): November
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Abstract

SENGKETA PERBATASAN INDONESIA-MALAYSIA: SEBUAH PERTARUHAN KEDAULATAN NKRI Dewi Krisna H
Kajian Hukum Vol 1, No 1 (2016): Mei
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Abstract

This study aimed to analyze the measures the Government in strengthening the sovereignty of Indonesia in the border region, which includes the strengthening in the areas of national defense, science and technology, as well as strengthening in the field of foreign policy. Indonesia's national sovereignty repeatedly at stake in the face of the world when it happens to border disputes with some neighboring countries, namely Malaysia, Singapore, and the Philippines. As for the problem within the borders of sovereignty is related to a claim made by Malaysia against some of the areas that became the border area between the Republic of Indonesia and Malaysia. There are at least three cases of border disputes that make the relationship between Indonesia and Malaysia heats up, the Ambalat case, Sipadan-Ligitan, and recently is happening is Tanjung Datu. Indonesia and Malaysia border disputes does not necessarily happen. Dispute Indonesia and Malaysia on the border line in the waters of Sulawesi following a change in the ownership status of the islands of Sipadan and Ligitan, the border line on the island of Borneo (Ambalat), and the latter case that has yet to be resolved by the construction of the stake by Malaysia in Tanjung Datu (West Kalimantan). It is a trigger factor rift diplomatic relations the two countries.In this regard, there needs to the appropriate strategy with regard to strengthening the sovereignty of the Homeland border region is the duty of the Government in an effort to protect the people and maintain the territorial integrity of NKRI. Some recommendations dispute resolution sovereignty border areas studied in this paper, including: (1) Establishing institutional aspects of defense and security by providing strong security of island-outer islands, (2) Establishing institutional aspects of science and technology to conduct training on the management and conservation of resources natural resources (SDA) and the building of infrastructure and transport, as well as (3) to strengthen aspects of foreign policy with increased foreign cooperation with neighboring countries, especially with Malaysia.Keywords: Dispute, Border, Defense and Security, Science and Technology,
GRAND DESIGN POLITIK KETATANEGARAAN INDONESIA SESUAI PANCASILA DAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Sri Handayani SH.,M.Hum
Kajian Hukum Vol 2, No 1 (2017): Mei
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Abstract

The purpose of this study was to determine the grand design of politics with the appropriate Indonesian Pancasila and the Constitution of the Republic of Indonesia Year 1945, and also to know the character is built in accordance with the values of Pancasila.This research was conducted by the research is a research library and we also do field research. In the research literature to use the means of study documents for secondary data, while the field research was conducted to obtain primary data with qualitative approach with interviews. Data obtained from the research literature and field research analyzed qualitatively. The data is further described by the descriptive method of analysis, that in discussing the problems done by identifying, analyzing and interpreting the data obtained to be concluded.The results of the study are expected to: determine our political dynamics contrary to the mandate of the state as the opening goal. It is also to know the political dynamics are considered deviant by destination countries and also the grand design of politics as what is in accordance with Pancasila and the Constitution of the Republic of Indonesia Year 1945.Keywords: Pancasila, Politics, Constitution of the Republic of Indonesia Year 1945.
PENYELESAIAN SENGKETA ANTAR BADAN ATAU PEJABAT TATA USAHA NEGARA DI PERADILAN TATA USAHA NEGARA A’an Efendi; Totok Sudaryanto
Kajian Hukum Vol 3, No 1 (2018): Mei
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Abstract

Based on administrative court act, the administrative court is only authorized to hear administrative dispute between individuals or private legal entities against government bodies or official not covering administrative disputes between government bodies or official. Settlement of disputes between agencies or government officials carried out internally with a tierred pattern that ends with the President’s decision. Three reasons for the basis of the idea of providing administrative court competencies to try disputes between government agencies or officials. First, the case law of administrative court in administrative cases between government agencies or officials. Second, the philosophy of the existence of judicial power as in institution to resolve dispute that occur within a state. Third, the right of public to know the process of government management and public decision making, including in the event of a dispute and how to resolve it. This public right is based on the principle of openness and the government works in a public space according to public law. Settlement the disputes in the administrative court with the principle of open trial to the public is a manifestation of the principle of openness. The administrative court of Thailand with the competence to resolve administrative dispute between government agencies or officials can be reference for the reform of Indonesia adminsitative court competencies in the future. Keywords: dispute, government agency or official, administrative court
REPRESI DAN PERSEKUSI TERHADAP ETNIS ROHINGYA DI MYANMAR DILIHAT DARI PERSPEKTIF HUKUM INTERNASIONAL DAN HAK ASASI MANUSIA Zai Syahril Nur; Suswoto Suswoto
Kajian Hukum Vol 4, No 1 (2019): Mei
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Abstract

The Repression and Persecution of Ethnic Rohingnya in Myanmar is a very crucial problem of International Law and Human Rights. Conflict between citizenship and thejurisdiction of state sovereignty is a fundamental polemic of international law and human rights. Repression and persecution on an ethnic group in a country is discriminatory and contrary to International Law and Human Rights. This thesis aims to identify the Repression and Persecution by Myanmar on Rohingnya Ethnic Group and Human Rights protection for Rohingnya Ethnic Group that has been Repressed and Persecuted by Myanmar. Accordingly, this research employed normative juridical methods that emphasized on the rules of law and international agreements and analyzed using prescriptive qualitative method. It can be concluded from the results of research and analysis that the Repression and Persecution on Rohingnya Ethnic Group by Myanmar is a violation of International Law and Human Rights. The State has the sovereignty to regulate and implement its own laws and determine who deserves to be its citizen, which is recognized in International Law. However, the protection of Ethnic groups and the right of citizenship have also been regulated in the instruments of International Law such as the Anti-discrimination Convention and the Citizenship Convention in order to protect human rights. Myanmar is responsible for the Repression and Persecution on Rohingnya Ethnic Group because it is a violation of the norms of jus cogens of International Law and other instruments of human rights. Such Repression and Persecution can be categorized into Crimes Against Humanity, so that the International Criminal Court has a Jurisdiction to adjudicate Myanmar for the Repression and Persecution on Rohingnya Ethnic Group.Keywords : rural areas, university services, human resource improvement, village regulations.
IMPLEMENTASI KEBIJAKAN INVESTASI ASING DAN LANGKAH PERWUJUDAN KEADILAN SOSIAL DI ERA MEA Murti Ayu Hapsari; Eka Rachmawati
Kajian Hukum Vol 5, No 1 (2020): Mei
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Abstract

Pembagian Harta Warisan Kepada Anak di Luar Nikah Menurut Hukum Islam Dan Hukum Perdata Fernanda Nur Latifah
Kajian Hukum Vol 6, No 2 (2021): November
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Abstract

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