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Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
Published by Politeknik Pratama Purwokerto
ISSN : 29638704     EISSN : 29637651     DOI : https://doi.org/10.55606/jhpis.v1i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) adalah Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. JURNAL HUKUM, POLITIK DAN ILMU SOSIAL, Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 343 Documents
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Implementasi Restorartive Justice Melalui Upaya Rehabilitas Penyalah-guna Narkotika Aisyah Habibah Azra
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4479

Abstract

Drug abuse is a criminal act that has given rise to victims of drug abuse in society. Ideally, narcotics are needed in the world of health and science, but at the same time, the use of narcotics that is against the law is very dangerous, so legal instruments that aim to control the distribution and use of these addictive substances are very necessary. Efforts to control narcotics are carried out by providing physical punishment, fines, medical rehabilitation and social rehabilitation. Rehabilitation is regulated in Law Number 35 of 2009 concerning narcotics. This study is entitled Rehabilitation as an Effort to Overcome Narcotics Abuse. The purpose of this study is to determine the obstacles to the implementation of Rehabilitation Institutions in Law Enforcement against Drug Abusers and the reorientation of Rehabilitation Institutions in Law Enforcement against Drug Abusers based on Restorative Justice, as well as to determine Law Enforcement Against Drug Abusers Based on Restorative Justice in the future. Rehabilitation for drug abusers is a process of overcoming drug abuse dependency disorders both in the short and long term which aims to change behavior and restore individual function in society.
Analisis Hukum Tindak Pidana pada Oknum Guru Pelaku Pencabulan terhadap Anak di Kota Bandar Lampung Arya Oktama
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4485

Abstract

This study aims to analyze the criminal law against teachers who commit child molestation in Bandar Lampung City. The crime of child molestation is a form of sexual violence that has serious impacts not only on the physical but also on the psychological and social development of children. In the legal context, this act is regulated in the Child Protection Law, which provides a basis for law enforcement against perpetrators. The research method used is a qualitative approach with data collection techniques through in-depth interviews, direct observation, and literature studies. The research respondents consisted of law enforcement officers, psychologists, and parents of victims. The results of the study showed that the factors that trigger child molestation include a disharmonious family environment, lack of adequate sex education, and low public awareness of child protection. In terms of law enforcement, this study found that there are still various obstacles, such as lack of strong evidence, social stigma against victims, and lack of rehabilitation for both parties, both victims and perpetrators. The criminal responsibility of the perpetrators does not only include imprisonment but also the need for rehabilitation programs and social reintegration for the perpetrators to prevent the recurrence of similar crimes. This study recommends the need to increase public awareness of the importance of child protection, training for law enforcers in handling cases of child molestation, and strengthening the role of child protection institutions in providing support to victims. With these steps, it is hoped that a safer environment for children in Bandar Lampung City can be created.
Upaya Pemenuhan Hak Anak Binaan dalam Pengembangan Minat dan Bakat (Soft Skill) di Lembaga Pemasyarakatan Khusus Anak Kelas II Bengkulu Dea Apriliandira; Rachel Syavira Sitohang; Yulistia Purnama Suci; Arie Elcaputera
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4487

Abstract

In order to improve the skills of children assisted by correctional facilities specifically for Class II Bengkulu children, training is regularly held to equip the children assisted so that after leaving they can be economically independent and have soft skills. Through this, it is hoped that they will not be confused because after leaving prison they already have the skills. The formulation of the problem in this research is 1) How are efforts to fulfill the rights of assisted children in developing interests and talents (soft skills) in special institutions for Class II Bengkulu 2) What are the obstacles in implementing the fulfillment of the rights of assisted children in developing interests and talents (soft skills) at the Bengkulu Class II Special Children's Institution. This research is empirical legal research using primary and secondary data types. The approaches in research are a statutory approach and a conceptual approach. The results of the research show that implementation has been carried out although not completely optimal and the obstacles are a lack of facilities and a lack of partners in fulfilling the rights of fostered children in developing their interests and talents.
Pembebanan Kerugian Negara terhadap Bendahara oleh Badan Pemeriksa Keuangan Nurul Islamy Panjaitan
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4490

Abstract

The imposition of state losses on the treasurer by the Financial Audit Agency (BPK) is an effort by the state to obtain rights and obligations that should be implemented on the basis of public financial management. The problem of negligence and unlawful acts of authorized officials (treasurers) results in the state experiencing losses, so to overcome this, a process of assessing losses must be implemented. This research uses normative legal research methods to analyze statutory regulations relating to the imposition of state losses by the treasurer. The research results show that the legal provisions governing the imposition of state losses on the treasurer involve a series of processes, including audits by the BPK to assess errors or omissions that caused losses. In this event, the treasurer may be subject to sanctions and legal responsibility due to negligence and unlawful acts at the level of the violation that occurred. Apart from that, the BPK also has an important role in providing recommendations for improvement and prevention so that similar incidents do not happen again in the future. That the system of charging state losses to the treasurer needs to continue to be updated and perfected to make it more effective and efficient in maintaining the integrity of public finances. Apart from that, there is a need for the BPK to play an active role in providing constructive suggestions and recommendations to prevent financial violations that could harm the state.
Regulasi dan Lisensi Mengenai Perlindungan Hukum Investor di Platform Fintech Peer-To-Peer Lending dalam Hukum Konvensional Seri Mughni Sulubara; Iskandar Iskandar
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4499

Abstract

Peer-to-Peer (P2P) Lending is a financing model that connects lenders with borrowers directly through a digital platform, without the intermediary of banks or traditional financial institutions. Fintech P2P Lending is regulated in the Financial Services Authority Regulation Number 77/POJK.01/2016. The purpose of the research is to find out the regulations and licenses regarding the legal protection of investors in peer-to-peer lending fintech platforms in conventional law. The research method used is normative legal research that examines applicable regulations related to fintech P2P lending in conventional law. The legal basis of regulations and licenses regarding the legal protection of investors in peer-to-peer lending (P2PL) fintech platforms in Indonesia is OJK Regulation No. 77/POJK.01/2016. Law Number: 19/2016 on the Amendment to Law Number 11/2008 on Electronic Information and Transactions, which is stated in Article 26 paragraphs (1) and (2). This regulation has given consumers the right as owners of personal data to maintain the confidentiality of their personal data. Article 28 paragraphs (2) and (3) of Law Number 21 of 2011 concerning the Financial Services Authority, OJK has the authority to request financial services institutions to stop their activities if they are detrimental to the community and carry out other actions deemed necessary and in accordance with laws and regulations in the financial services sector.
Aspek Hukum Praktik Penghapusan Akun Pengguna Sistem Elektronik Secara Sepihak untuk Memoderasi Konten Oleh Marketplace Menurut Peraturan Menteri Komunikasi dan Informatika Nomor 5 Tahun 2020 tentang Penyelenggara Sistem Elektronik Lingkup Privat Tiara Bastari Putri; Sinta Dewi; Enni Soerjati Priowirjanto
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4550

Abstract

The aim of this research is to analyze legal aspects of the practice of unilaterally deleting electronic system user accounts to moderate content by the marketplace according to the regulation of the minister of communication and informatics number 5 of 2020 concerning electronic system organizers scope. This research was conducted using a normative and comparative juridical approach method with research specifications, namely analytical descriptive. Data collection techniques are carried out through literature studies and online data searches as well as examining laws and regulations and books, journals, and other references relevant to the research. The results of this study indicate that the Minister of Communication Regulation Number 5 of 2020 concerning Private Scope Electronic System Operators has not implemented all marketplace obligations as stated in previous regulations. This has led to violations of several marketplace obligations which have resulted in not maximizing the implementation of content moderation practices. In relation to protection efforts for electronic system users, a legal framework is needed that can further specify and regulate obligations, limits of responsibility, and transparency to provide a more adequate protection function for electronic system users.
Talak Online Dalam Tinjauan Fiqh Munakahat Dan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Harry Kurniawan; Yulia Putri SDW
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 1 (2022): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v1i1.4614

Abstract

The use of technology in this era of globalization can indeed be said to be unlimited, all people in the world are able to access technology without knowing space and time. One type of contract that is affected by technological advances itself is divorce through social media. The issue of divorce via social media has begun to spread from the upper to the lower classes in Indonesia. In this era of globalization, the phenomenon of severing marriage bonds is found which is not only said directly but through electronic media and other social media. The purpose of this study is to determine the Review of Islamic Law on Divorce through Online Media, and to determine the Review of Marriage Law on Divorce through Online Media. The research method used in this thesis is the library research method. The results of this study are the Review of Islamic Law on Divorce through online media, namely the Law of Divorce through online media can be analogized/equated with divorce through ordinary written letters (bil kitabah). Because there are similarities between the two, the Review of Marriage Law on divorce through online media is, the law of divorce outside the court is only valid according to religious law, but is not valid according to the law in force in the Republic of Indonesia. The consequence of divorce carried out outside the court is that the marriage bond between the husband and wife has not been legally terminated. The suggestion from this study is that it would be good if the current technological developments could be responded to wisely so that technology users can have a positive influence on the development of the nation and state. It is better if the issue of divorce is not carried out arbitrarily, divorce should be carried out without violating positive law or Islamic law.
Peran dan Tanggung Jawab Platform Digital dalam Upaya Pengenaan Pajak di Indonesia Era Society 5.0 Menurut Undang-Undang Harmonisasi Peraturan Perpajakan dan Undang-Undang Informasi dan Transaksi Elektronik Revina Putri Utami; Amelia Cahyadini; Tasya Safiranita
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4670

Abstract

Technological advancements in the Society 5.0 era have transformed the economic landscape, including taxation mechanisms. This study focuses on the role and responsibilities of digital platforms in tax imposition in Indonesia, governed by various regulations such as the Harmonized Tax Law (UU HPP) and Electronic Information and Transaction Law (UU ITE). The study finds that while digital platforms are central to the digital economy, existing regulations have not fully addressed the complexity of their operations, particularly in the context of taxation. Using a normative juridical approach, this research examines key challenges such as transaction anonymity, taxation disparities between conventional and digital companies, and tax avoidance by multinational digital platforms. On the other hand, the Indonesian government has initiated adaptation efforts by imposing Value-Added Tax (VAT) on digital trade, although its implementation still faces technical and administrative barriers. The study concludes that Indonesia's tax regulations need reforms to better accommodate the dynamics of the digital economy, including implementing fair and legally certain taxes for digital platforms. Recommendations include strengthening oversight, enhancing international collaboration, and utilizing technology to improve transparency and efficiency in the tax system. This research aims to contribute to the government, regulators, and business actors in creating an inclusive and sustainable digital economic ecosystem.
The Investigation Process of Drug-Related Crimes Based on the Criminal Procedure Code (Kuhap) Within the Jurisdiction of the Salatiga Police Resort Nirmala Permatasari; Ridho Sa’dillah Ahmad; Lailasari Ekaningsih; Surya Kusuma Wardana; Any Farida
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 4 (2022): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v1i4.4691

Abstract

This study aims to understand the process of investigating drug-related criminal offenses based on the Indonesian Criminal Procedure Code (KUHAP) within the jurisdiction of the Salatiga Police Department. It also seeks to identify the obstacles faced in conducting the investigation of drug crimes based on KUHAP in the Salatiga Police jurisdiction and explore the solutions to these challenges. The research employs both normative juridical and sociological juridical methods, with a descriptive-analytical specification. The population and sampling method includes all objects, phenomena, events, or units that will be studied. Data collection techniques include library research and interviews, and data analysis is qualitative in nature. The steps in investigating drug-related crimes within the jurisdiction of the Salatiga Police Department are fundamentally similar to the investigation of other general criminal offenses, in accordance with KUHAP. The steps taken include: raids and arrests, searches, seizures, securing evidence, securing the crime scene, crime scene processing, evaluation, proof, and case development. Obstacles faced by law enforcement officers in investigating and resolving drug-related crimes in the Salatiga Police jurisdiction include: suspects failing to provide clear statements, witness testimonies that do not support the investigation, and incomplete evidence. Efforts to overcome these obstacles in drug crime investigations include: ensuring suspects provide clear and honest statements about the sequence of events and the drug crime objects involved, which can serve as evidence to uncover the crime; witnesses must cooperate with investigators by providing honest and complete testimonies to facilitate the investigation; investigators should work to find and gather at least two pieces of evidence in uncovering drug-related crimes; and fostering community involvement to assist in revealing drug crimes within the Salatiga Police jurisdiction.
Fixed-Term Employment Agreements Under Law No. 13 of 2003 on Manpower and Their Relation to Continuous Employment Contracts : A Case Study at PT. Hansol Sadua Indonesia Beliyan Linda Aniyar; Lailasari Ekaningsih; Irfan Rizky Hutomo; Ridho Sa’dillah Ahmad; Susila Esdarwati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 1 (2023): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i1.4692

Abstract

This study aims to understand the process of investigating drug-related criminal offenses based on the Indonesian Criminal Procedure Code (KUHAP) within the jurisdiction of the Salatiga Police Department. It also seeks to identify the obstacles faced in conducting the investigation of drug crimes based on KUHAP in the Salatiga Police jurisdiction and explore the solutions to these challenges. The research employs both normative juridical and sociological juridical methods, with a descriptive-analytical specification. The population and sampling method includes all objects, phenomena, events, or units that will be studied. Data collection techniques include library research and interviews, and data analysis is qualitative in nature. The steps in investigating drug-related crimes within the jurisdiction of the Salatiga Police Department are fundamentally similar to the investigation of other general criminal offenses, in accordance with KUHAP. The steps taken include: raids and arrests, searches, seizures, securing evidence, securing the crime scene, crime scene processing, evaluation, proof, and case development. Obstacles faced by law enforcement officers in investigating and resolving drug-related crimes in the Salatiga Police jurisdiction include: suspects failing to provide clear statements, witness testimonies that do not support the investigation, and incomplete evidence. Efforts to overcome these obstacles in drug crime investigations include: ensuring suspects provide clear and honest statements about the sequence of events and the drug crime objects involved, which can serve as evidence to uncover the crime; witnesses must cooperate with investigators by providing honest and complete testimonies to facilitate the investigation; investigators should work to find and gather at least two pieces of evidence in uncovering drug-related crimes; and fostering community involvement to assist in revealing drug crimes within the Salatiga Police jurisdiction.

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