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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 7 Documents
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Search results for , issue "Vol 2, No 1 (2017): Mei" : 7 Documents clear
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
Publisher : Universitas Janabadra

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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.
TINJAUAN YURIRIDIS TERHADAP PROSES PENYIDIKAN DALAM PERKARA PSIKOTROPIKA Eko Nurharyanto
Kajian Hukum Vol 2, No 1 (2017): Mei
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ABSTRAK Psikotropika mempunyai manfaat bagi pengobatan dan pelayanan kesehatan akan tetapi juga mempunyai  akibat sampingan yaitu apabila disalahgunakan. Pemyalagunaaan psikotropika  sangat membahyakan bagi si Pemakai, masyuarakat dan bangsa.Pemerintah Indonesia dalam menanggulangi penyalagunaan Psikotropika telah membentuk Undang-Undang Nomor : 5 Tahun 1997  tentang Psikotropika, titiuk berat undang-undang ini ditujukan untuk pencegahan akibat sampingan penggunaan psikotropika  yang dikualifikasikan sebagai kejahatan yang sangat merugikan bagi perorangan, masyarakat dan Negara.Penelitian ini untuk mengetahui Proses penyidikan perkara psikotropika yang merupakan tugas dan kewajiban bagi kepolisian kita tentunya harus berdasarkan ketentuan undang-undang yang telah ada.Dalam pelaksanaan penyidikan sering terjadi adanya penyalahgunaan kewenangan yang dilakukan oleh oknum aparat penegak hukum, bahkan dalam masyarakat tersebar isu bahwa polisi hanya mengejar target yang telah ditentukan oleh pimpinan dan tersangka psikotropika merasa dijebak oleh aparat.Penelitian ini mencoba untuk mengalalisis proses penyidikan yang dilakukan penyidik terhadap perkara psikotropika ditinjau secara yuridis normatif serta menganter isu yang muncul dalam masyarakat tersebut, jika isu itu benar maka tindakan apa yang harus dilakukan terhadap oknum tersebut.Kami berharap semoga artikel ini yang merupakan hasil penelitian  dapat bermanfaat bagi aparat penegak hukum khususnya kepolisian dan masyarakat pada umumnya.Kata Kunci : Penyidikan, psikotropika
PELAKSANAAN PENGANGKATAN ANAK DALAM PERPEKTIF PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 54 TAHUN 2007 DI KABUPATEN BANTUL Sri Suwarni
Kajian Hukum Vol 2, No 1 (2017): Mei
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Abstract

The purpose of this study is to investigate the implementation of the Indonesian Government Regulation No. 54 Year 2007 in Bantul, and also to find out the problems that occur in the practice of adoption in Bantul.This research was conducted by library research and field research. In the literature research to use the means of documents study for secondary data, while the field research was conducted to obtain primary data with qualitative approach with interviews. Data obtained from the literature research 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 survey results revealed that the Indonesian Government Regulation No. 54 Year 2007 on the Implementation of Child Adoption basically been implemented in practice the implementation of child adoption either through Decision of District Court and Religious Courts In Bantul District, in fact not all applications for adoption for Muslim proposed through the Religious Courts, but some also proposed through the District Court. The Determination of Adoption in the Religious Court, firstly, based on the Indonesian Government Regulation No. 54 Year 2007 on the Implementation of Child Adoption, secondly, is also based on Presidential Decree No. 1 Year 1991 About the Compilation of Islamic Law.Problems that occur in the practice of adoption in Bantul district which are the practice of adoption which is done by custom only and not applied for court determination that can cause problems, especially a civil matter after his adoptive parents died. Another example is the practice of deviating adoption from the existing provisions; especially adoptions are taken directly from the biological parents of the child since birth, then the birth of the child is registered in the name of his adoptive parents to obtain a birth certificate of the child. Keywords: Adoption, child, and the Indonesian Government Regulation No. 54 Year 2007.
KONFLIK PENGUASAAN TANAH PERKEBUNAN (Studi Kasus Antara PT Sumber Sari Petung Dengan Warga Masyarakat Kecamatan Ngancar, Kabupaten Kediri, Jawa Timur) Erna Sri Wibawanti; Suswoto Suswoto
Kajian Hukum Vol 2, No 1 (2017): Mei
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Abstract

Conflict of land estates mastery between PT Sumber Sari Petung (PT SSP) and citizens of Ngancar Kediri with the background of the confidence of citizens in the three (3) villages, those are Babadan Village, Sugih Waras Village and Sempu Village Ngancar District that the land owned by PT SSP is the land which belongs to them, while PT SSP insisted that the land is theirs which is reinforced by the Right Granting Decree of BPN (SK. No. 28 / HGU / DA / 1074). This conflict began culminated with the release of the National Land Agency Decision No. 66 / HGU / BPN / 2000, which decided that the land that had been controlled by PT SSP area of 654.92 hectares of land declared as a state land and give the Cultivation Rights Title area of 3.842.760 M2 (three million eight hundred and forty-two thousand seven hundred and sixty meters square) to PT. SSP and the other 2.500.000 (250 Ha) is declared as an object of land reform. This conflict solution is initially done by approaches and discussions involving various parties. However, this method ultimately cannot resolve the conflict, and finally the solution is done through justice. In the judicial process, from the PTUN, the Civil Court to the Supreme Court ruling, all of them in favor of the PT SSP side. But the court ruling that already has a permanent legal force cannot be enjoyed by PT SSP, because BPN as the defeated party does not want to implement the ruling. Due to the absence of certainty, finally the completion  has been done again through  some case titles  by the Land Office from Kediri District. Finally, in 2011, PT SSP give up the land area of 250 hectares, to be released and declared as an object of Land reform which will be redistributed to farmers in three villages.
ANALISIS PEMBERIAN TUNJANGAN BIAYA PEMELIHARAAN ANAK AKIBAT PERCERAIAN PADA PENGADILAN AGAMA DI KABUPATEN SLEMAN Yuli Sri Handayani
Kajian Hukum Vol 2, No 1 (2017): Mei
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Abstract

Divorce is the dissolution, which has been fostered by the couple over the court ruling. As a result of a divorce, the court can determine who between husband and wife it is obliged to maintain, educate as well as fulfilling a living for children. Although the courts have set father who is obliged to provide benefits to the child maintenance, but it is still often violated or not fulfilled. The purpose of this study was to determine reason guardian of the child does not make an effort to force the father to give allowance to child maintenance which is still be responsibility as a result of divorce. How to obtain the data was done by study the literature and in the field. The data obtained from the study were analyzed using qualitative descriptive methods, namely data obtained through field and literature studies, after being selected by problems and views for compliance with the applicable provision, then compiled systematically, furthermore concluded in order to obtain an overview of the answer to the problems. The result showed that the mother as guardian of the child who has a pretty good economic capacity tends to finance its  own, because reluctant and did not want to meet with ex-husband. In addition, for mothers who do not have the economic capacity does not remedy suing her ex-husband to give child allowances maintenance costs due to the need to charge it and it was not little.
KAJIAN TENTANG KOMPETENSI ABSOLUT PERADILAN TATA USAHA NEGARA DALAM MENYELESAIKAN SENGKETA KEPUTUSAN FIKTIF POSITIF M Aschari; Francisca Romana Harjiyatni
Kajian Hukum Vol 2, No 1 (2017): Mei
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This research has objectives: 1) To know the application of absolute competence in resolving fictive-positive  dispute based on Government Administration Act; 2) To know the obstacles and solutions in applying the absolute competence of the  Administrative Court in solving the fictive-postive e dispute based on the Government Administration Act. The results showed that; 1). The application of absolute competence of Administrative Court (PTUN) is regulated in Supreme Court Regulation (PERMA) Number 5 Year 2015 (hereinafter referred to as Supreme Court Regulation of Fictive-Positive  Procedural Law). The regulation still has many shortcomings and limitations, so the implementation of the settlement of fictive-positive dispute  has not been regulated.  It causes legal uncertainty because there are still multiple interpretations of judges in response to the regulation. 2). The most complex obstacles are the lack of specific, clear and conclusive implementation guidelines. Suggestion: it is necessary to harmonize the Acts  between the Government Administration Act  and the  Administrative Court Act
PENDANAAN KAMPANYE : ANTARA DEMOKRASI DAN KRIMINALISASI Mery Christian Putri
Kajian Hukum Vol 2, No 1 (2017): Mei
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Election is a democratic institution that is meant to fill public positions both legislative and executive, central or regional, in a philosophical perspective improve political contract with the people. Elections are meant to establish the rule of good governance, the legislation relating to the election, Act No 8 of 2011 and Act Number 15 of 2011 meant that the election could escort the achievement of the election results, namely the realization of good and clean governance.                In connection with the stretcher, the regulations on electoral funding both from APBN / APBD should be regulated carefully so as to encourage the establishment of a clean election system. Commission Regulation no. 17 in 2013 were essentially directed to realizing these goals. One of them set about their special account campaign funds are accounts that hold funds and separated from the campaign finance and personal financial account or candidates for DPR, DPD, DPRD. In the perspective of state finances, the Law No. 17 In 2013, Law NO. 1 of 2004 and Law No. 15 of 2004 has been set up on matters related to state finances. It facilitates the tracking of election funding allocation from the state budget. On the other side of the law governing the TIPIKOR can be used as a repressive instrument when proven occurrence Corruption-related crimes or money laundering. There needs to be a mechanism for integrating the paradigm of democratic elections as well as the State's financial regulatory system, including the supervision of campaign funds technocratic paradigm. This phenomenon could be the one thing that is the paradox between democracy and technocracy, but on the other hand could promote the establishment of a substantive democracy since the election that reflects the synchronization between the democratic process embodiment of good and clean governance. Be a challenge to create a democracy that requires deliberation and discretion amid efforts to use campaign funds by technocratic perspective. This paper intends to discuss efforts to promote democracy with reference to the principles of good governance. Keywords         :fund, campaign, general election, democracy, political corruption

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