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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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PERLINDUNGAN DAN PENGELOLAAN BUDAYA LOKAL DI KOTA YOGYAKARTA Dyah Permata
Kajian Hukum Vol 1, No 1 (2016): Mei
Publisher : Universitas Janabadra

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Abstract

Merti Code  is one of the local culture that has a high value in the philosophical field of environmental preservation in the city of Yogyakarta, which should be preserved . Values contained in the Merti Code local culture is very noble, because Merti Code is an activity for "memerti" ( maintain ) the river environment , so that the balance of the river ecosystem to be awake . It is rarely done by people in the modern city today . Merti Code is maintained by the local cultural communities in Bantaran  Kali Code, but it also has the distinctive feature of the ceremony held each year and the tourism event in the city of Yogyakarta . For that we need a proactive attitude of the local government to protect aspects of folklore in the city of Yogyakarta, which is an asset for tourism in Yogyakarta considerable potential. Protection do not only cover the legal protection , but from non aspect law can also be given protection, in addition to fixing the Tourism Regulation relating to the follow-up to the local culture in Yogyakarta, for non-law asepek can be done with the inventory process, documentation and abstraction of the local culture . The next step is to make an agreement between the custodian Benefit Sharing with third parties that take advantage of the wealth of local culture .
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.
KONSEP PERLINDUNGAN HUKUM TERHADAP MASYARAKAT SEBAGAI KORBAN PENCEMARAN LINGKUNGAN AKIBAT PEMBAKARAN LAHAN PADA SAAT PANEN DI LAMPUNG TENGAH Hermawati Hermawati; Yeni widowaty
Kajian Hukum Vol 3, No 1 (2018): Mei
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Abstract

Sugarcane burning activities carried out by the company have been included in the category of environmental pollution as stipulated in the Environmental Law mentioned above. This is indicated by the entry or inclusion of substances, energy, and / or other components into the environment by human activities, so that the quality of the environment becomes down to a certain level which causes the environment to not function properly. The smoke caused by the burning is very disturbing, both directly / indirectly can pollute and / or damage the living environment of the surrounding residents. The purpose of this study was to find out, describe, and analyze how the implementation of legal protection for people as victims of burning land at the time of sugarcane harvest in Central Lampung and to formulate the concept of future legal protection for the community as victims of land burning at sugarcane harvest in Lampung Middle. This type of research used is empirical juridical. Research results The implementation of legal protection for communities as victims of environmental pollution due to the burning of sugarcane land at the time of harvest in Central Lampung did not work properly because there was no legal protection and compensation at all for the community around the sugar cane plantation. improve legislation that is considered to have weaknesses or does not fulfill the sense of justice of the community. To create a new law, to be able to replace the legislation that is considered to have many weaknesses or not to fulfill the sense of justice of the community.Keywords: Legal Protection, Environmental Pollution, Victims
ETHICS OF CARE SEBAGAI MALE FEMINIST TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Yana Suryana
Kajian Hukum Vol 3, No 2 (2018): November
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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
Implementasi E-Government Khususnya Pelayanan Publik dan Kesiapan SDM Pemerintahan Kota Yogyakarta Ishviati Joenaini Koenti
Kajian Hukum Vol 5, No 1 (2020): Mei
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Abstract

TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA Akmal Muhammad Rizqia Rahman
Kajian Hukum Vol 6, No 2 (2021): November
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Abstract

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
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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.
PENGUATAN HAK-HAK PENYANDANG DISABILITAS DI BIDANG PENDIDIKAN DI KOTA YOGYAKARTA BERDASARKAN UUD1945 DAN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) Nita Ariyani
Kajian Hukum Vol 2, No 2 (2017): November
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Abstract

The rights of Persons with Disabilities obtain legal guarantees both in the Convention on the Rights of Persons with Disabilities (CRPD) and Constitution of the Republic of Indonesia 1945. With the ratification of CRPD by Indonesia through the Law of the Republic of Indonesia Number 19 Year 2011 on The Ratification of the Convention on the Rights of Persons with Disabilities, then all legal products relating to the rights of persons with disabilities, especially in this research, emphasize in the education sector in Yogyakarta city must be based on the provisions in the Constitution of the Republic of Indonesia 1945 and the CRPD. The purpose of this research  is to know, understand, review and analyze the strengthening of the rights of people with disabilities in the education sector in Yogyakarta City based on the Constitution of the Republic of Indonesia 1945 and CRPD. This research also aims to know, understand , reviewing and analyzing the juridical constraints faced in the context of strengthening the rights of people with disabilities in the city of Yogyakarta.The type of research used is normative juridical research that is focused to study the application of rules or norms in positive law. The approach method used in this research is statute approach, Analytical Approach, and Case approach. As a follow-up to the ratification of CRPD and also the mandate of the Constitution of the Republic of Indonesia 1945 in particular with regard to the rights of persons with disabilities in the field of education, it is necessary to implement an implementing regulation at the local level of Yogyakarta City to carry out the mandate of the  Constitution of the Republic of Indonesia 1945 and the CRPD. The strengthening of the rights of disability in the field of education is experiencing some juridical constraints that must be addressed immediately.Keywords: Reinforcement, Disability Rights, Education, Constitutionof the Republic of Indonesia 1945, CRPD
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
KEBIJAKAN PENANGGULANGAN TINDAK PIDANA KORUPSI Rendradi Suprihandoko
Kajian Hukum Vol 4, No 2 (2019): November
Publisher : Universitas Janabadra

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Abstract

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