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Contact Name
Ridwan Arifin
Contact Email
ridwanarifin.mail@gmail.com
Phone
+6282324920152
Journal Mail Official
kajianhukum@janabadra.ac.id
Editorial Address
Program Studi Ilmu Hukum Fakultas Hukum Universitas Janabadra Jalan Timoho II/40 Yogyakarta
Location
Kota yogyakarta,
Daerah istimewa yogyakarta
INDONESIA
Kajian Hukum
Published by Universitas Janabadra
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
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 9 Documents
Search results for , issue "Vol 3, No 2 (2018): November" : 9 Documents clear
TINJAUAN YURIDIS TINDAK PIDANA CYBERCRIME DALAM PERSPEKTIF HUKUM PIDANA Eliza Oktaliana Sari
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

The development of information and communication technology have  big influence in various fields of life today. Starting from the 20th century, this development brought rapid changes in human life. The community has taken advantage of the advances in information and communication technology as a medium for doing business, even for political purposes. But because of the ease of creativity, many parties are not responsible for taking advantage of these opportunities for things that harm many people. Crimes that often occur today are in the form of Cybercrime, by entering, using computer facilities or computer networks without permission, against the law with or without causing changes, and or damage to the computer facilities that are entered or used. The perpetrator of the crime is not limited to age, which is territorially cross border crime.This paper intends to analyze the crime of cybercrime in the perspective of criminal law, and efforts that can be used to combat cyber crime, by using a normative juridical approach, namely research that explains the provisions in applicable laws and regulations, related to the reality in field. Then analyzed by comparing between the demands of the ideal values that exist in the legislation with the reality in the field. The results obtained indicate that a juridical review of criminal acts of cybercrime in criminal law in Indonesia has a variety of positive and negative impacts, originating from the Criminal Code and outside the Criminal Code, in accordance with conventional crime arrangements, as well as efforts that can be used to overcome crime of cybercrime. Keywords : Juridical Review, Cybercrime, Criminal Law.
TINJAUAN JURIDIS KEBIJAKAN PENGHEMATAN AIR TANAH DI PROVINSI DIY Lucia Setyawahyuningtyas
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

Excessive use of groundwater in the building environment, both government buildings and commercial buildings produce negative impacts, especially on decreasing groundwater levels and groundwater quality. To maintain the availability of ground water, the Indonesian government through Presidential Instruction No.13 of 2011 concerning Energy and Water Savings, and the ministerial regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia in 2012 No. 15 of 2012 concerning the Saving of the Use of Ground Water and the Decree of the Minister of Public Works No. 12/PRT/M/2013 concerning the Saving of the Use of Water Originating from Organizers of Drinking Water Supply Systems in Government Agencies, Local Governments, State Owned Enterprises and Business Entities Regional Property. As a derivative of these two policies, the DIY Government has a policy on saving groundwater as stipulated in Governor Regulation No. 47 of 2014 concerning the Procedures for Saving Groundwater Use. This study aims to provide information on the extent to which the regional policy can be applied and analyze the factors that become obstacles in the implementation of the responsibilities of the DIY government to save groundwater. This study uses qualitative and quantitative methods through the collection of actual data and information as well as judicial-engineering approaches with the support of primary and secondary data related to the implementation of groundwater saving policies in DIY Province. The results of the study show that the main obstacle of water-saving policy in DIY Province is that most local government agencies have not made efforts to save groundwater. The main factor of this failure is because there are still no detailed engineering explanations contained in the article so that the legal subject still does not understand the reference to monitor the savings target.
EKSEKUSI NARAPIDANA ANGGOTA MILITER YANG DIBERHENTIKAN TIDAK HORMAT DARI DINAS MILITER Sigit Setyadi
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

The research entitled, "INMATES EXECUTION OF MILITARY MEMBERS THAT DISHONORABLY DISCHARGE FROM MILITARY SERVICES," is a normative juridical study, which applies the rule of law (legislation) applied to the practice of the institution in the city of Yogyakarta, namely in the Military Oditurate II.10 Yogyakarta and Yogyakarta Correctional Institution (Penitentiary). The Military Oditurate implements a Military Court decision which already has permanent legal powers remaining in prison / jail sentence, and then assigns the convict's guidance to the Public Penitentiary, with a Submission Letter of Prisoners (Official Submission Report). The reason of guidance for the convict of military members with dishonorably discharge (dismissal) to the Public Penitentiary is due to the convict / prisoner, after dismissal from the authorized institution, his status becomes a citizen / civil society again, no longer subject to the rules specifically applicable to members of the military. Public Penitentiary counsel prisoners based on laws and regulations applicable to the general public, namely Law Number 32 Year 1995 regarding Socialization, along with their implementing regulations. At the beginning of the counseling, the inmates are separated from his room by a public prisoner for one month, or in a time that is considered sufficient, after which he is made one with his inmate / other prisoner. Furthermore, the establishment treated the same with other inmates / prisoner. It is just that because there is a remnant of the criminal case that must be settled, usually less than a year, then this raises the problem, namely that the inmates / prisoner cannot get a parole or leave free, as per applicable lawsuits.Keywords: execution of inmates, members of military, dismissed
EKSISTENSI LEMBAGA PENGAWASAN PENGELOLAAN KEUANGAN NEGARA Adam Setiawan
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

AbstrakLembaga pengawasan pengelolaan keuangan negara yang dilakukan oleh seperti BPKP, DPR/DPRD, BPK dan KPK bertujuan agar implementasi asas-asas pengelolaan keuangan negara berjalan dengan seharusnya dan sesuai tujuan pengelolaan keuangan negara yaitu untuk menjamin negara dalam rangka menciptakan kesejahteraan, menjamin pemenuhan hak-hak masyarakat dan membiayai pelayanan kepada masyarakat.Kata Kunci: Pengawasan, pengelolaan keuangan, menciptakan kesejahteraan
ETHICS OF CARE SEBAGAI MALE FEMINIST TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Yana Suryana
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

Male concern as male feminists is a quite interesting study. This study is important to show the nature of the concern and seriousness of male feminists in protecting the legal rights of women victims of domestic violence. This study was conducted by studying literature and displaying supporting data in quantitative form. The results of the study showed that male feminists did not have the same ethics of care as women in cases of domestic violence. Ethics of care as a male feminist towards women who correct problems in the household cannot really show their concern as women's concerns. Based on these assessments can be discussed. First, every process must be more about women. Second, more assess women in prosecuting cases of domestic violence.Keywords : Ethics of care, women, male feminist
NEGARA DESA : TINJAUAN SOSIO-YURIDIS ATAS PENYELENGGARAAN PEMERINTAHAN DAN PEMBANGUNAN DESA Udiyo Basuki
Kajian Hukum Vol 3, No 2 (2018): November
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Abstract

The village, however, has origins and traditional rights in regulating and managing the interests of its people, but in the course of the history of constitutionality ups and downs following the flow of changes and political dynamics, which eventually experience stunting and reduction. This happened from the colonial era to the era of independence, even the fate did not change in the era of the Old Order and the New Order. Putting back the Village with all its rights, authority and autonomy is a priority in local and national political discourse. In line with that, nowadays things about the village, especially regarding the structure and procedures for governance and development, have been regulated in the Act Number 6 of 2014 concerning Village. For this reason, the implementation of good government and good village development, now and in the future, of course, it must be a major concern.Keywords : The Village, Village Government, Village Development
PENINGKATAN DAYA SAING PRODUK-PRODUK DAERAH MELALUI PENGGUNAAN CO-BRANDING Fitriyani Rahman; Nita Ariyani
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

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Abstract

Regional contributions through the use of co-branding are one of the solutions in advancing economic growth and increasing the competitiveness of regional superior products. Co-branding is a marketing strategy that is used together on one product or service. Broadly speaking, the common goal of branding is to increase the value of brand equity by increasing the strength of product brands in the regions to collaborate. Daerah Istimewa Yogyakarta (DIY) is the province that has 100% Jogya, Yogyakarta, and Yogyakarta traditions and has used co-branding in order to improve the competitiveness of its regional products.This research aims to find out, understand, study, and analyze the use of co-branding in order to improve the competitiveness of regional superior products. This research also tries to study, discuss, study and analyze ideal arrangement about the use of co-branding on regional superior products. This research was conducted using the type of normative juridical research, namely research focused on studying the application of rules or norms in positive law. The research approach used is the statutory approach, the conceptual approach, and the case approach. This research emphasizes the importance of using co-branding on regional superior products in order to increase the competitiveness of regional products and economic growth in each region that is stable and sustainable. Keywords : regional superior products, brand, co branding
PENERAPAN AKAD MURABAHAH DALAM PRODUK GADAI EMAS BANK SYARIAH MANDIRI (BSM) DI KANTOR CABANG SLEMAN Renny Tri Setiani
Kajian Hukum Vol 3, No 2 (2018): November
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Abstract

Islamic Pawn Gold is the product that created by Bank Syariah Mandiri since March, 25 2013 which the gold belongs to the customer. Islamic Pawn Gold gives the chance for people to own the bar gold by buying the gold by credit under murabahah aggreement with the guarantee rahn and the minimal of gold is 10-250 gram. National Council of Ulama Indonesia has created the fatwa related to Pawn Gold no 77/DSNMUI/V/2010 about selling buying of gold without cash. BSM uses this moment to fulfill the needs of people to invest. In this research appears the problem of whether the Murabahah aggrement and Rahn aggreement which applied by BSM Sleman about pawn gold appropriate with Syariah principal. The ethod used in this research is Normatif researh or Doctrinal Research by Juridical Normatif approach. While the data is secinder data, those are primer data, secondery data, tertiary data. Library research used to collect the data by examining library data as the base of qualitative analysis. The research concludes that Murabahah aggrement which applied by BSM Sleman about pawn gold has appropriated with Syariah principal which free from Riba, save from gamble (Maysir) and syubhat. That principal based on An-Nisa  ayat  29  and  Al-Hadist  of  H.R  Ibnu  Maja dan Fatwa DSN MUI 77/DSN-MUI/V/2010 about pawn gold without cash. In other condition, several customers do not show thei gold physically. This condition contradict with syariah principal and make the condition unclear (gharar). And Rahn aggreement which applied by BSM Sleman about pawn gold has appropriated with Syariah principal. Meanwhile, the wrong Murabaha agreement application will affect the Rahn agreement as well.Keywords: Syariah Pawn Gold, Bsm kcp sleman, murabaha agreement.
KONSEP UANG DALAM ISLAM Rizky Amelia Fathia
Kajian Hukum Vol 3, No 2 (2018): November
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Abstract

In Islamic economics, money has the main function as a medium of exchange (medium of exchanges) and a unit of account (unit of account). Although in practice it is still permissible to use money as a store of deferred value and payment standards. So it must review the principles according to the Islamic economic perspective. In comparison with the conventional economic theory of Islamic capitalism, talking about money as a means of exchange and store of value, but money is not a commodity. Money becomes useful only if it is exchanged with the stated object or if it is used to buy services. Therefore money cannot be sold or purchased on credit. People need to understand the policy of the Prophet Muhammad, that not only announce interest on loans as illegitimate but also prohibit the exchange of money and other valuables for unequal exchanges, and delay payments if the merchandise or currency is not the same . The effect is to prevent the interest of money entering the economic system through unknown methods. Keywords: Money, Economy, Islamic Principles

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