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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 6 Documents
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Search results for , issue "Vol 1, No 2 (2016): November" : 6 Documents clear
KEBIJAKAN HUKUM PEMERINTAH KABUPATEN BANTUL DALAM PENANGANAN PERKARA PROSTITUSI Sri Hendarto Kunto Hermawan
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

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Abstract

The policy in the field of criminal law is very important, especially in an increasingly modern life as a result of globalization, therefore, in the progress necessary to find alternative ways of law enforcement more precise and faster. The Book of Criminal Justice Act which is a relic of the Dutch era, which has been deemed incompatible with existing development, therefore, with the plan to change the existing Criminal Code and Criminal Procedure Code is a positive step. Similarly, the policy of the law made by the Government of Bantul district in addressing the problem of prostitution, set Bantul Regency Regulation No. 5 Year 2007 on the Prohibition of Prostitution in Bantul is a form and the efforts made by the District Government of Bantul to combat and reduce the occurrence of cases prostitution and prostitution. This was done considering the Bantul district has the south sea coast which many practices used for prostitution, as well as the construction of inns, karaoke bars and massage parlors and beauty salons, there are times when these places abused. Therefore, law enforcement efforts undertaken by law enforcement officers must be fully supported. Bantul District Government legal policies that are already well underway and effective, proven cases that occur are increasingly declining, this happens because the vigorous enforcement efforts conducted by the Pamong Praja Police Unit of Bantul District supported by officers from the Police Bantul, either that individually or in combination with the Municipal Police Unity with police.
Masa Depan Hak Atas Air Pasca Putusan Mahkamah Konstitusi No. 85/PUU-XI/2013 Yordan Gunawan
Kajian Hukum Vol 1, No 2 (2016): November
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Abstract

The right to water is a fundamental part of our human rights and of people understanding of a life in dignity. The right to water implies the right to drinking water and to adequate sanitation. The Constitutional Court (MK) on 18 February 2015, by Decision No. 85/PUU-X/2013 nullified the Law No. 7 of 2004 on Water Resources. The article aims to discuss about the future of water rights in Indonesia after the decision of the Constitutional Court No. 85/PUU-X/2013. The study is normative legal research with Statute Approach. Using the qualitative descriptive method, the study describe right of water as one of the human rights which explicitly stated in Indonesian Constitution, especially Article 28 (H), Article 33, and also many other instruments of human rights. Furthermore, the article also explore that constitutionally, the responsibility of state is enacting the pros and fair policies that support and enhance the quality for the people to access the water itself. States also have to fulfill and protect those rights from privatization, which will reduce the right of the people. The result shows that after the Decision of Indonesian Constitutional Court No. 85/PUU-XI/2013, that nulling the Law No. 7 Year 2004 on Water Resource and reenacted the Law No. 11 Year 1974 on Irrigation is the most proper way to return backs the access for public to access water which for a long time was occupied by private sector. However, the Irrigation Law Year 1974 did not provide the regulation on how to respect, to fulfill and to protect the right and access to water and it will be homework for the Government to realize it.Keywords: Human Rights, Right to Water, Constitutional Court Decision, Privatization 
Pengembangan Pariwisata Berbasis Budaya Berdasarkan Ketentuan Undang-Undang Nomor 10 Tahun 2009 Di Kabupaten Sleman T. Diana Ethika
Kajian Hukum Vol 1, No 2 (2016): November
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Abstract

The research under the title "The Development of Cultural Tourism Under the Provisions of Regulation No. 10 Year 2009 In Sleman " will discuss the efforts of the local government of Sleman in tourism development based on culture and the extent of community involvement in the development of culture-based tourism in Sleman. The research method used in discussing the results of this research is qualitative descriptive method.There are various efforts made by the local government of Sleman in developing culture-based tourism, those efforts include the increasing of promotional activities through various ways such as through local-printed media / newspapers, through electronic media, the distribution of brochures / leaflet, banners in strategic places. As much as possible try to facilitate a group of people who want cultural activities that they have been reappointed as a local cultural activities that can be used as a tourist attraction. Immediately draft of the Master Plan for Tourism Development (Rencana Induk Pengembangan Kepariwisataan (RIPP)) can be endorsed so that the local government of Sleman District will have a clear direction on development plans for tourism in the area until 2025, which will come. Soon, the draft Regulation (draft) (Rancangan Peraturan Daerah (RAPERDA)) regarding the conduct of tourism, fiscal year 2017, planned to be proposed in the incensement of the promotion budget as an effort to increase the number of tourist visits to Sleman.The community is involved in planning activities of Sleman tourism calendar. The community is involved also in the promotion of tourism and sustainable development conducted against groups in society that has the cultural potential of which is used as a tourist attraction.
AKIBAT HUKUM TIDAK ADANYA PENGATURAN PENGAWASAN DAN EVALUASI PENATAAN RUANG SEBAGAI BAGIAN DARI INSTRUMEN PRINSIP KEHATI-HATIAN DALAM PERDA RTRW PROVINSI MALUKU Laode Angga
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

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Abstract

The legal effects of the lack of monitoring and evaluation regulation  of spatial planning as a part of the instrument of precautionary principle in the local regulation on spatial plans of Maluku Province is  contrary to Article 55-59 of the Law No. 26 of 2007 on Spatial Planning and Article 44 No. 32 of 3009 on Environmental Protection and Management. Based on  the principles of the legislation forming,  The lack of monitoring and evaluation of  spatial planning as part of the precautionary principle instrument  in the   local regulation of Maluku Province No. 16 of  2013 on Spatial Plans of Maluku province is contrary to one of the legislation principles, namely: The higher legislation  rules out the lower legislation. If there is a contradiction  between higher legislation level and lower legislation level, the higher legislation is enforced and lower legislation is  ruled out.Therefore the local regulation of Maluku Province No. 16 of  2013-2033 on the Spatial Plans of Maluku province that has not been set up monitoring and evaluation of spatial planning as a part of the instrument of the precautionary principle should be revisited for revision.
PERAN RUPBASAN (RUMAH PENYIMPANAN BENDA SITAAN NEGARA) DALAM PENEGAKAN HUKUM Sigit Setyadi
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

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Abstract

AbstractConfiscated objects are obtained due to criminal cases, has given rise to a complicated problem because in addition to its importance as evidence in court proceedings, as well as its value is very precious, good value for the case, as well as the nominal value, especially in a big case like corruption. For that research in Yogyakarta, especially in Bantul, the problem "the Role of Home for State Confisticated Obeject Storage (RUPBASAN) in Law Enforcement. This type of research is yuridicalapplied.From the research conducted, it can be concluded as follows: 1.RUPBASAN in law enforcement, quite a role, particularly for the legal certainty of goods into evidence a criminal case. To ensure the arrangement is enough to legislation, government regulations, the Minister / Director General of the force, which can be applied in the field, namely Law No. 8 Year1981 on Criminal Proceedings, which is known as the Criminal Procedure Code, Law No. 12 Year 1995 on Corrections; RUPBASAN specific provision contained in Article 44-46 Criminal Procedure Code, and PP 27 Year 1983 on the Implementation of the Book of the Law of Criminal Law; Regulation of Minister of Law and Human Rights No. M.HH-05.OT.01.01 Year 2010 on Organization and Administration of the Ministry of JLaw and Human Rights of the Republic of Indonesia; Regulation of Minister of Law and Human Rights No. 16 Year 2014 on Procedures for Management of State Confiscated Objects; Decision of the Director General PasNumber: PAS-140.PK.02.01 Year 2015 on Implementation Guidelines for Management of Confiscated Objects of State and the House of State Confiscated Objects Storage.With the implementation of the provisions of proficiency level, in RUPBASAN will be secured, the existance of legal certainty, so that especially the people who lodged a criminal case no longer be worried about the goods, especially for goods in execution are not deprived of the state as evidence of criminal case.2. Concerning to the constraints faced RUPBASAN in law enforcement: a.Concerning to the infrastructure are on average not sufficient for the execution of tasks in the field, particularly equipment that is very expensive; b. Difficulties associated with particular expertise in the certain field, especially research Bashan, required specialized personnel (experts) can not always be met by the officer in RUPBASAN; c. Adequate security force is necessary, in order to keep the state confiscated goods that have a very important role in the judicial process.3. Solutions to address these constraints: a. to use equipment available to carry out their duties even with equipment that was not optimal; b. to overcome the lack of experts in specific fields related to research, often conducted (MoU) with various agencies to address them. Keywords: role, RUPBASAN, law enforcement.
KAJIAN TENTANG PEMBAGIAN HARTA BERSAMA SEBAGAI AKIBAT TERJADINYA PERCERAIAN DI KABUPATEN BANTUL (Studi Kasus Putusan Pengadilan Agama Bantul Perkara Nomor : 0834/Pdt.G/2014/PA.Btl) Sri Suwarni
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

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Abstract

The purpose of this study was to determine the legal basis of Judge in Bantul Religious Court consideration in providing case verdict division of joint property in Case No. 0834 / Pdt.G / 2014 / PA . Btl and also to investigate the implementation of the division of joint property as a result of divorce that have been in implemented in the Bantul Religious Court.This research was conducted by the method of research is also carried out literature research and field research. In the research literature studies document the means used to obtain secondary data, while the field research 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 that has been acquired to be concluded.Based on the results known that; Judge basic consideration in deciding the case division of the joint property polygamous marriages in Case No. 0834 / Pdt.G / 2014 / PA.Btl explicitly or implicitly in accordance with the legislation in force, namely the provisions of Article 35 of Law No. 1 of 1974 jo. Article 1 letter (f) Compilation of Islamic Law, the provisions of Article 94 Compilation of Islamic Law and the Decree of the Chairman of the Supreme Court of the Republic of Indonesia Number KMA / 032 / SK / IV / 2006, and the implementation of the division of joint property in Case No. 0834 / Pdt.G / 2014 / PA.Btl ultimately realized by deliberation / kinship between the parties and approved divided in accordance with a court decision, the joint property in a marriage that has not been divided by 3 and then divided equally, because the marriage the Plaintiff and Defendant I was polygamous marriages so that the Plaintiff 1/3 parts, Defendant I and Defendant II 2/3 and the realization of the division of joint property is evidently well received by the parties, so that between the parties feel that justice, and stay in touch in silahturami or good relations between them.

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