Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
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
Articles
358 Documents
<![CDATA[Problematika ICC Dalam Menjatuhkan Sanksi Kepada Israel Dalam Perspektif Hukum Internasional ]]>
<![CDATA[Agung Tri Wicaksono]]>;
<![CDATA[Achmad Arbi’ Nur Badrotin Jabbar]]>;
<![CDATA[AH. Fajruddin Fatwa]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3210
<![CDATA[The International Criminal Court (ICC) or International Criminal Court is a court that is not under the United Nations (UN) and is independent and has jurisdiction to try a person/country suspected of committing serious human rights crimes such as war crimes, genocide and crimes. towards humans. However, in reality, the ICC seems to ignore acts of genocide and war crimes committed by Israel against Palestine on the pretext that Israel does not recognize the Rome Statute and is not a member of the ICC, so Israel cannot be subject to any sanctions from the ICC. The aim of this research is to examine and explore why the ICC seems to be ignoring Israel's actions, which should be under its jurisdiction. The method used in this research is juridical/normative legal research with the Roman Statute as the primary legal material. The findings of this research are that Israel should still be subject to sanctions by the ICC based on article 12 paragraph 2 of the Rome Statute which states that the ICC's jurisdiction also applies to non-ICC countries that commit crimes in the territory of countries that recognize the Rome Statute, in this case Palestine has ratified the Statute. Rome on April 1 2015. The implication of this research is that Israel can be tried by the ICC even though they have not ratified the Rome Statute.]]>
<![CDATA[Perlindungan Hukum Pada Konservasi Lahan Pertanian Yang Berbasis Keadilan Sosial Di Kabupaten Bolaang Mongondow ]]>
<![CDATA[Moh. Vazri Damopolii]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Zamroni Abdussamad]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3246
<![CDATA[This research aims to determine legal protection for agricultural land conservation in Bolaang Mongondow Regency based on social justice and to determine the implementation of Law Number 41 of 2009 concerning Sustainable Food Agricultural Land Protection regarding Agricultural Land Conservation in Bolaang Mongondow Regency. This research method uses empirical legal research methods.The results of the research that legal protection for agricultural land conservation in Bolaang Mongondow Regency based on social justice requires special attention. That farmers in the area have limited knowledge about agricultural land protection laws, which creates uncertainty in dealing with changes in land use and threats to the sustainability of agricultural land. Farmers' concerns about changes in land use illustrate the need to increase legal awareness and education among them. This increase in knowledge not only involves rights and obligations related to agricultural land, but also understanding the importance of active participation in decision making regarding agricultural land. Implementation of Law Number 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, there are findings that although this law sets clear requirements for the transfer of agricultural land, practices in the field still indicate a threat to the sustainability of agricultural land. The need for active involvement of local governments in preventing practices that are detrimental to farmers and threaten the sustainability of agricultural land needs to be increased. Protection of farmers' rights, agricultural sustainability and social justice must be the main focus in ensuring that the implementation of the law achieves the desired objectives. Evaluation of cooperation between factories, local governments and farmers is also important to ensure balance and fairness in the distribution of economic benefits and legal protection.]]>
<![CDATA[Penghapusan Hukuman Mati Pada Sistem Peradilan Pidana Di Indonesia Atas Lahirnya UU No 1 Tahun 2023 Tentang KUHP ]]>
<![CDATA[Rasina Padeni Nasution]]>;
<![CDATA[Rizki Akbar Muluk Siregar]]>;
<![CDATA[Ratu Frisya Ritonga]]>;
<![CDATA[Amany Zuhaira Ritonga]]>;
<![CDATA[Reza Ananda Siregar]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3249
<![CDATA[Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishment of the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the death penalty, albeit in different concepts. This research aims to identify the differences between the death penalty in the old and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from a human rights perspective. The research employs a normative juridical method. The findings indicate that the death penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has been replaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo a probationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penalty will be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by the perception that the death penalty constitutes a violation of human rights.]]>
<![CDATA[Pelaksanaan Pendampingan Perkawinan Beda Agama Pasca Sema No 2 Tahun 2023 di LSM Percik Salatiga ]]>
<![CDATA[Faiza Rachmadani]]>;
<![CDATA[Anjar Sri Ciptorukmi Nugraheni]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3331
<![CDATA[This research uses an empirical research approach by examining primary data. Interfaith marriage is a physical and spiritual bond between a man and a woman with the aim of forming a happy and eternal family based on the Almighty God, but the man and woman are of different religions. This research was conducted because the various regulations on Interfaith Marriage which have multiple interpretations are interesting to study their implementation in society. The publication of SEMA No.2 of 2023 concerning the prohibition on judges granting requests for registration of interfaith marriages is interesting to study its implementation in society, especially in Salatiga. The results of this research are assistance for interfaith marriages at the Percik Salatiga NGO and registration of interfaith marriages at the Salatiga Disdukcapil post SEMA No. 2 of 2023 is still ongoing.]]>
<![CDATA[Efektivitas Pemeriksaan Anak Korban Kekerasan Seksual Dalam Persidangan ]]>
<![CDATA[Siti Nur’ain Habu]]>;
<![CDATA[Mohamad Rusdiyanto U Puluhulawa]]>;
<![CDATA[Jufryanto Puluhulawa]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3333
<![CDATA[The examination of child victims of sexual violence in trials has not been effectively carried out in accordance with Law Number 11 of the Year, in trials of child victims of sexual violence the child victims must provide information again during the trial which has previously been explained during the inquiry and investigation process so that the child must remember again. incidents that make children afraid and traumatized, plus they have to meet the defendant or perpetrator who is someone who has caused trauma and damaged the child physically and psychologically, not to mention children who do not receive assistance and health and safety measures during the judicial process as in case number 117.Pid.Sus/PN LBo where the two child victims did not receive assistance from child protection agencies and from psychology for child safety and health efforts in accordance with Law Number 11 of the Year. This research uses an empirical juridical research method which is research and implementation in accordance with written legal provisions. Based on the results of the analysis of Law Number 11 of 2012, it provides protection and assistance to child victims, especially child victims of sexual violence, victims receive assistance treatment during the investigation and case investigation process until the completion of the case trial, but in fact in case 117.Pid.Sus/2022/ PN LBo, child victims experience deep trauma and even damage to the child's psychology, but there is no assistance from institutions that are experts in handling this case, such as women and children empowerment institutions, so that the examination of child victims of sexual violence in court has been effective but has not been carried out optimally.]]>
<![CDATA[Politik Hukum Kedudukan KPK Sebagai Lembaga Pemberantasan Korupsi di Indonesia ]]>
<![CDATA[Riza Sirait]]>;
<![CDATA[Ismaidar Ismaidar]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3346
<![CDATA[The corruption in Indonesia is increasing day by day. This is because there are still weaknesses in law enforcement agencies that are part of the problem of law enforcement. Therefore, institutional reform is needed through the formation of the KPK as an independent state institution. However, the KPK institution's journey is not easy. Various judicial examinations to the Constitutional Court regarding the position and authority of the KPK have been carried out. These decisions included: the Constitutional Court decision on number 012-016-019 / PUU-IV / 2006, number 19 / PUU-V / 2007, number 36 / PUU-XV / 2017, and number 37 / PUU-XV / 2017, and the most recent decision rejecting the request for formal and material review of Law Number 19 of 2019. According to several decisions made by the Constitutional Court, the development of the position of the KPK is a politics of law in eradicating corruption.]]>
<![CDATA[Kasus Analisa Ekonomi Atas Hukum Tentang Hukum Anti Monopoli dan Persaingan Usaha ]]>
<![CDATA[Rahmadayani Rahmadayani]]>;
<![CDATA[Rezmia Febrina]]>;
<![CDATA[Yetti Yetti]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v2i4.3356
<![CDATA[Business activities that are now widely carried out by business actors are not free from competition. This competition sometimes leads to breaking the law in order to achieve maximum profits. They even carry out unfair competition/unhealthy competition. This unhealthy business competition will harm the public interest. This competition is now widespread in business activities in Indonesia and other countries in general. Although before the issuance of Law no. 5 of 1999, in fact the regulations regarding unfair business competition are based on article 1365 of the Civil Code regarding unlawful acts and article 382 bis of the Criminal Code.]]>
<![CDATA[System Perkawinan Matrilineal Di Suku Fehan Kabupaten Malaka ]]>
<![CDATA[Maria contasya ingraini atitus]]>;
<![CDATA[Noviani Vieaney]]>;
<![CDATA[Stefanus Don Rade ]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3359
<![CDATA[Marriage according to article 1 of law number 1 of 1974 concerning marriage. What is meant by marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on BELIEF IN THE ALMIGHTY GOD.This matrilineal marriage itself is known as "in-marriage" where if a couple has a child, then the lineage follows someone's descendants. Mother. The stages of the traditional Fehan wedding process in NTT will be explained below. Maybe this is a possibility, as happened at the traditional wedding ceremony in Malacca Regency.Matrilineal Marriage Process in Malaka Regency Engagement is the stage before the marriage is legal, where the prospective husband submits an application to the prospective wife's family and after reaching an agreement, both agree to carry out the marriage. A recent marriage binds the relationship between two people.The objects of collateral for a marriage or matrilineal marriage are goods that are sent from the male's extended family to the female's extended family in the form of betel nut and vice versa.It can be concluded that Malacca district in East Nusa Tenggara adheres to a matrilineal marriage system or often called incoming marriage, so in this matrilineal marriage system the man will leave and stay in the woman's house.]]>
<![CDATA[Implementasi Dan Contoh Kasus Implementasi Hukum Pidana Di Indonesia ]]>
<![CDATA[Muhammad Danial]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3360
<![CDATA[Criminal law enforcement is an effort designed rationally to overcome crime by paying attention to the principles of justice and effectiveness. In its implementation, criminal law enforcement can also involve various aspects, such as drafting criminal legislation that is responsive to social and situational developments. This research aims to determine the value of implementation of criminal law in Indonesia. The method used is a normative legal research method carried out using analytical descriptive and normative juridical approaches. The implementation of criminal law in Indonesia involves a series of complex processes, starting from law enforcement to implementing sanctions. In this way, the implementation of criminal law in Indonesia involves a number of stages and aspects that reflect the state's efforts to create a legal system that is fair, transparent and in accordance with the values of justice and human rights.]]>
<![CDATA[Comparison Of Customary Law In Indonesia And Australia From The Terms Of Customary Rights Of Customary Law Communities ]]>
<![CDATA[M Najib Ibrahim]]>;
<![CDATA[Ade Saptomo]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55606/jhpis.v3i1.3370
<![CDATA[The research aims to analyze and compare aspects of customary rights in the context of customary law in Indonesia and Australia. Customary privileges are an integral part of the life of customary law communities, which include traditional rights to land. This comparison provides in-depth insight into how two countries with different cultural and legal backgrounds manage and protect the ancestral land rights of their customary law communities. This study uses comparative legal procedures to explore the development, protection, and implementation of conventional rights in the two countries. Factors such as the history of colonialism, legislative changes, and local cultural influences play an important role in shaping the legal framework regarding customary rights. This analysis also includes case studies to provide a concrete picture of how traditional liberties are implemented in real situations in customary law communities. The findings of this research can provide a better view of the challenges and opportunities faced by customary law civilizations in defending the sustainability of their customary freedoms amidst the dynamics of modernization and globalization. In addition, this comparison can be a basis for improving policies and a better legal framework to ensure fair and sustainable protection of customary rights for customary law communities in both countries. This analysis presents a cross-cultural understanding of the management of customary rights and the potential integration of traditional law principles in a modern legal context.]]>
