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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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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.
PENGARUH SISTEM PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN NARKOTIKA TERHADAP RESIDIVIS DALAM TINDAK PIDANA PSIKOTROPIKA Eko Nurharyanto
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

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Abstract

Psychotropic has benefits for medical care and health services but also has the side effect that is if they are misused. Misuse of psychotropic is very dangerous for the User, and the nation's society.The Indonesian government in tackling the misuse of psychotropic has established Act No. 5 of 1997 on Psychotropic Substances, focus of this act is aimed to prevent the use of psychotropic side effects that are qualified as crime is very detrimental to the individual, society and the State.This study was to determine the psychotropic case investigation process which is the duty and obligation of our police force must be based on a statutory provision which already exist. The implementation of common their investigation of abuse of authority committed by unscrupulous law enforcement officials, even in the public rumor that the police only the pursuit of targets set by the management and the suspect psychotropic feel trapped by the authorities.This study analyse the investigation process by investigators of the case to be reviewed psychotropic normative juridical and bring the issues that arise in the community, if it is true then the issue of what action should be taken against those responsible.We hope that this article is the result of research can be useful for law enforcement officials, especially the police and the community in general. Keywords: System Influence, Psychotropic, Penitentiary
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.
ANALISIS YURIDIS TERHADAP TINGKAT PERCERAIAN DI PENGADILAN AGAMA BANTUL Yuli Sri Handayani
Kajian Hukum Vol 4, No 2 (2019): November
Publisher : Universitas Janabadra

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Abstract

STATUS ANAK PERNIKAHAN SIRRI DITINJAU DARI HUKUM POSITIF DI INDONESIA Putri Wynza Juwita
Kajian Hukum Vol 6, No 1 (2021): Mei
Publisher : Universitas Janabadra

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Abstract

EVALUASI SISTEM DAN PROSES PENGAJARAN TERHADAP LULUSAN AKPOL 2006 – 2010 DI WILAYAH POLDA NUSA TENGGARA BARAT (NTB) Cecep Tedi Siswanto; Puguh Windrawan
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

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Abstract

This assessment is linked to the respondent answers given to the questions given. The question that is open and qualitatively reflect the depth of their thoughts on the situation at hand. Along with the fact that there are some things that concern in it. This is related to internal accountability that is in the body of the local police.      Like what is described by M. Adiel Ipda Aristo, Kanit Regident Then Bima City and Ipda Cita gift Sari, Chief of Unit 2 Satreskrim Idik West Lombok Police. Internal issues such as the perception of his colleagues to the position Ipda M. Adiel Aristo, which considers that the position is a "wetland". While Ipda Cita gift of Sari complained about the police in his unit were involved indirectly with drugs.      Internal accountability become one of the requirements that the police force be an institution which kredibel. Bagaimanapun also for police officers with paradigm still had not moved from the old and still engage in certain cases, the negative connotations and stigma is still attached to the institution in the public eye.In accordance with the concepts of accountability, then the top level should be able to resolve cases related to subordinates. Moreover, decisive action and their internal control, both the police personnel, to operations conducted and to the reporting of performance, accompanied by a system of sanctions and rewards, an absolute requirement that must be done.Being a thing that can not go unnoticed is the inconsistency of the respondents to the concept of human rights. They stated that the concept of human rights is actually needed in bridging the behavior of the police when dealing with the public. However, this attitude changed when the concept of human rights is then translated in the field. Some respondents considered the concept of human rights will collide with reality. It became one of the proofs that the objective and purpose of the issuance of Police Regulation No. 8 Year 2009 on Implementation Principles and Standards of Human Rights in the Implementation Task Indonesian National Police, has not been applied to the maximum on the idea 2006- 2010 graduate of the Police Academy.
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.
KORUPSI SEBAGAI EXTRA ORDINARY CRIMES Sigit Herman Binaji; Hartanti Hartanti
Kajian Hukum Vol 4, No 1 (2019): Mei
Publisher : Universitas Janabadra

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Abstract

Corruption is a foul act, like being bribed. It has damaged not only the legal finances and legal economic potential, but also the socio-cultural, moral, political and legal pillars of the national security and law. Corruption is an extraordinary crime (Extra Ordinary Crimes) because it is done by people who have positions or power, which is carried out systematically, structured, and neatly cooperated with the others to cover up their actions, with the aim of getting money, goods or something for personal and family interests. The impact caused by corruption assuredly endangers the community. Factors causing corruption are very complex, including those related to lifestyles (consumptive), integrity/ morality/ mental attitude, attitude/ behavior, legal environment culture, economic needs/ demands, opportunities, and economic legal gaps which lead to jealousy of the law, the vulnerability of the bureaucracy,surveillance systems,and legal services. The causes of corruption are apparently very broad/ multi-dimensional. Corruption prevention efforts are conducted by making better changes in all areas of life both personally and institutionally. They are done by involvingcommunity participations, one of which is to report to the authorities when they know or even experience a criminal act of corruption (being whistleblower) and cooperate with the law enforcement in exposing corruption(being justice collaborator). Besides, ratifying the conventions related to eradication of corruption and issuing various regulations are needed to be done in order to prevent the occurrence of criminal acts of corruption.Keywords: Corruption, causes, prevention
URGENSI PENETAPAN UNDANG-UNDANG PEMBATASAN TRANSAKSI UANG KARTAL UNTUK MENCEGAH MONEY LAUNDERING Adhika Resika Putri; Murti Ayu Hapsari
Kajian Hukum Vol 5, No 2 (2020): November
Publisher : Universitas Janabadra

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Abstract

Implementasi Pedoman PBB tentang Bisnis dan HAM Melalui Peraturan Perundang-undangan di Indonesia Ishviati J Koenti SH.,M.Hum
Kajian Hukum Vol 1, No 1 (2016): Mei
Publisher : Universitas Janabadra

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Abstract

Sebagai konsekuensi dari melekatnya fungsi servis publik (bestuuszorg), maka administrasi negara makin dipaksa untuk menerima tanggung jawab positif dalam hal menciptakan dan mendistribusikan tingkat pendapatan maupun kekayaan, serta menyediakan program kesejahteraan rakyat. Dalam pemenuhan servis publik negara melibatkan aktor-aktor bukan negara. Dalam mewujudkan kesejahteraan rakyat kemungkinan akan  mengakibatkan pelanggaran HAM  yang merugikan   rakyat. Bagaimana menangani aktor-aktor bukan negara (non-state actors) yang bisa melanggar hak-hak asasi manusia atau menghalangi pemenuhan  HAM?HAM. Indonesia sudah mengimplementasikan beberapa prinsip Paris melalui hukum domestiknya. Bahkan pada draft KUHP sudah dituangkan beberapa pasal yang menempatkan korporasi sebagai pihak yang bertanggungjawab  secara pidana terhadap suatu perbuatan yang dilakukan untuk dan /atau atas nama korporasi, jika perbuatan tersebut termasuk dalam lingkup usahanya.  Namun dalam beberapa kasus dan sistem hukum di Indonesia belum mampu mengadili kasus-kasus yang sensitif secara politik dan menjamin standar pengadilan yang adil terkait dengan pelanggaran HAM oleh korporasi yang seringkali melibatkan aparat Negara.

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