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Amik
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Jawa tengah
INDONESIA
Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
ISSN : 29638704     EISSN : 29637651     DOI : https://doi.org/10.55606/jhpis.v1i3
Core Subject : Social,
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
Efek Kebakaran Hutan Kalimantan Pada Hukum Internasional Andhika Ivan Putra Pamungkas; Felixs Ade Santoso; Deaz Aji Pratama; Mohammad Arya Dharmaputra; Janter Panjaitan; Syahputraaditya Kusrin Surbakti; Rani Pajrin
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3741

Abstract

Indonesia is an archipelagic country where almost more than half of its area has forests that store various kinds of plants, it indicates that almost all regions of Indonesia have a forest ecosystem that are very important for the survival of Indonesia and the world. Forests have many positive impacts that can be used by the community to become a livelihood. Behind the forests owned by Indonesia, there are various problems that are of international concern, one of which is forest fires. The causes of forest fires are very diverse which causes the impact of smoke from forest fires to spread to our neighboring countries such as Singapore and Malaysia which makes smoke from these forest fires a negative view of the international world on Indonesia. Human resource factors are important in the prevention and handling of forest fires, human factors such as opposing loads are positive and negative, on the one hand humans can prevent forest fires on the other hand humans can be the cause of forest fires. These things are complications experienced by Indonesia in handling and preventing forest fires, however, natural factors can also affect the occurrence of forest fires. The country has a responsibility in maintaining its natural sustainability as well as the country has a responsibility in the smoke problem that causes neighboring countries to suffer losses from both the economic sector and other sectors.
Peran Hukum Internasional Dalam Etnis Rohingya Adri Sadewa Sirait; Ayu Ruth Kristiani Waruwu; Winda Windari Tarigan; Gita Maria Rehulina Sembiring; Opi Pibi Surbakti; Ira Silistiawati; Indra Utama Tanjung
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3743

Abstract

The failure to prosecute the perpetrators of the Rohingya ethnic genocide crime is the beginning of the blunting of international law. The Rohingya ethnic group must get their Human Rights (HAM) back, as we know that Human Rights are basic rights that are inherent from birth by the grace of God and everyone must protect and respect them. Myanmar has a long history of human rights violations, according to Amnesty International. Suppression of freedom of expression and violations of human rights against underrepresented ethnic groups continue. The research used in this study uses normative juridical research methods with a case and legal history approach. In fact, institutional dogmatism is the result of the failure to protect human rights against ethnic groups. Rohingya, this study concludes that international law is blunt and only applies if there is a large benefit to the UN Security Council, the people of a country like Rohingya only suffer from injustice.
Studi Implementasi Hibah Dalam Perspektif Hukum Islam : Analisis Pelaksanaan Pemberian Hibah Dalam Kerangka Islam Hamdan Fadhli; Aslinda Gangga Sari; Za’imatul Ulya; Youliana Youliana; Edith Pradita; Saskia Sabrina Lajadda; Sulistiyani Sulistiyani; Dwi Wulandari; Nur Rofiq
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3758

Abstract

Law is a regulation or social norm that cannot be separated from the values ​​that apply in society. One of the important roles in social life that makes good education possible is the family. One of the most frequent problems is the transfer of assets from parents to children, usually in the form of gifts. In practice, many grants that are given are then canceled unilaterally by the grantor for various reasons, including wrong behavior and waste committed by the grantee. This usually happens when giving grants. Usually, the person initially displays good behavior and then changes personality over time. In the legal field, there are funding regulations that regulate requirements, procedures and legal implications. A gift is money, property, or other assets given in good faith for the benefit of the recipient. It is important to have a clear understanding of the regulatory and legal implications related to grants so that the process of granting and receiving grants is transparent and implemented in accordance with applicable regulations. This research investigates the application of funding concepts based on Islamic legal advice.
Pengaturan Hukum Terkait Penggunaan Telepon pada Penagihan Peer to Peer Lending Debrina Rahmawati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3767

Abstract

Peer to peer lending (P2PL) is an online-based money lending platform. P2PL billing is very diverse even though it has been regulated in several regulations in Indonesia but still requires continuous study. The objectives of this study are (1) To find out the reasons for the need for more detailed legal rules related to debt collection procedures in P2PL and (2) To find out the future legal rules regarding P2PL debt collection procedures that have not been regulated in Indonesian laws and regulations. This research uses normative juridical research using statutory, conceptual and comparative legal approaches. The result of this research is the reason for the need for more detailed legal arrangements related to debt collection procedures in P2PL is to achieve justice in the form of balance for the parties involved in P2PL and the detailing of billing arrangements by telephone means which are explicitly stated in the legislation by categorizing continuous telephone ringing and conducting telephone conversations repeatedly with the intention of disturbing, abusing, or harassing someone at the intended number in the category of violence and the obligation to disclose the identity of P2PL debt collectors in every collection in any form.
Ratio Decidendi Dari Putusan Mahkamah Agung Nomor 2086 K/Pid.Sus/2023 Terhadap Penjual Dan Pembeli Jual Beli Konten Pornografi Mohammad Afrizal; Made Warka
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3778

Abstract

The author raises a case from the Supreme Court Decision Number 2086 K/Pid.Sus/2023 with the defendant Gusti Ayu Dewanti with the pseudonym Dea Onlyfans who was proven to have legally violated a criminal act of pornography or committed a criminal act of pornography by offering and selling pornographic content on the onlyfans site. The author needs to consider in more depth the Ratio Decidendi or Consideration of the Judge who some time ago just handed down a decision on this case, considering the decision given to the litigants and also the decision made by the defendant and witnesses which was decided by the judge in relation to the case, one of the buyers in this case, one of the famous comedians, Marcel Widianto, was not involved in a crime. He was one of the buyers who indirectly supported what the defendant was doing. From this case, it was found that the existing law is unclear/vague under existing supervision, where someone who has supported a buying and selling transaction by purchasing pornographic content on social media can be free from criminal law. The impact that will occur if this happens in the future, many buyers or purchasers of pornographic content will have more opportunities to carry out their activities. This can also worsen the standards that apply in Indonesian society because the influence of explicit entertainment is very detrimental to the country's ethics, both adults and children. Therefore, the author wants to examine the formulation of the problem, namely, what is the Decidendi Ratio from the Supreme Court Decision Number 2086 K/Pid.Sus/2023 regarding Sellers and Buyers of buying and selling pornographic content?
Tinjauan Kriminologi Terhadap Residivis Kasus Pencurian di Kota Kupang Salhenover Laibahas; Rudepel Petrus Leo; Rosalind Angel Fanggi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3798

Abstract

The purpose of this research is to analyze the criminological review of recidivist theft cases in Kupang City. This research is a type of empirical juridical research and the data collection uses interview techniques with respondents and literature studies. The data was analyzed descriptively qualitatively. The results of this study indicate that the factors causing theft crimes by recidivists are economic factors, environmental factors, family factors, opportunity factors, psychological factors. The modus operandi carried out by recidivists is to survey or monitor the location of the theft randomly and then lurk, follow, and some even block the targets in place to carry out the theft. Countermeasures against recidivists, namely preemptive efforts are prevention efforts carried out early on, and preventive efforts emphasize prevention efforts to eliminate opportunities to commit crimes that must be carried out individually, society, government and police officials. As well as countermeasures by means of coaching carried out by prisons and detention centers against recidivists are personality coaching and independence coaching. The author's suggestion is the need for support and active role from all levels of society to fully support the implementation of countermeasures carried out by the police and correctional institutions. The importance of legal awareness in oneself of the legal values that apply in a community group. Especially for correctional institutions, changes are needed in the coaching system where coaching for recidivist prisoners needs to be stricter and psychologist assistance is needed so that the mental health conditions of prisoners are checked and it is also necessary to eliminate some of the rights of prisoners such as leave before release and conditional release.
Hak Veto Pada Perserikatan Bangsa-Bangsa Dan Dewan Keamanan Perserikatan Bangsa-Bangsa Aurellia Nayla Putri Wijaya; Elyassin Firdaus; Rosaria Vani Kurniasari; Marsya Amalina Djatmiko; Sebastian Sitohang; Rani Pajrin
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3801

Abstract

The veto right which is exclusively granted for the permanent members of the United Nations (UN) Security Council will always be controversial, especially for the international community. This journal discusses the study of the veto right based on the principles of International Law with a qualitative descriptive approach so as to achieve a systematic and factual picture and refers based on what is listed in the Legislation. Based on the existing analysis, the Veto Right is implicitly regulated in Article 27 paragraph (3) of the United Nations Charter which will be clearly seen in the article if the Veto Right is contrary to the original purpose of the establishment of the United Nations. This research will also further discuss the definition and history of the development of the veto right, the Security Council in general at the United Nations, as well as an analysis of the case of the use of the veto right.
Wewenang Presiden dalam Pemberian Grasi Kepada Terpidana Warga Negara Asing : (Studi Kasus Pemberian Grasi oleh Presiden ke Enam Republik Indonesia, Susilo Bambang Yudhoyono Kepada Schapelle Corby; dalam Kasus Penyelundupan Ganja dari Australia) Alezandro Gerald Tokoh; Saryono Yohanes; Hernimus Ratu Udju
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3810

Abstract

The granting of clemency is a constitutional authority vested in the president, allowing the reduction of sentences or the release of convicts. This study aims to examine the authority of the Indonesian president in granting clemency to foreign convicts, with a case study on President Susilo Bambang Yudhoyono's clemency granted to Schapelle Corby, an Australian citizen involved in a marijuana smuggling case. This study uses a normative juridical approach with an analysis of the laws and regulations governing clemency, as well as a review of the political, legal, and diplomatic aspects influencing the president's decision. The research also utilizes secondary data such as legal documents, journal articles, and relevant media reports. The findings indicate that the president's authority to grant clemency, including to foreign nationals, is regulated by the constitution and clemency laws. The clemency granted to Schapelle Corby was influenced by various considerations, including diplomatic pressure from the Australian government, the convict's health condition, and humanitarian factors. This decision elicited various public reactions, both supportive and opposing, with arguments encompassing legal, ethical, and national interest aspects. The study concludes that although the president has full authority to grant clemency, the exercise of this power should take into account broader factors, including its impact on international relations and public perception of the judicial system. This case study provides important insights into the dynamics between law and politics in the practice of granting clemency in Indonesia.
Peran Satuan Bakti Pekerja Sosial dalam Penanganan Kasus Anak Terlantar di Kota Kupang Berdasarkan Peraturan Perundang-Undangan di Indonesia Virda Christin Tafuli; Simplexius Asa; A. Resopijani
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3813

Abstract

Abandoned children are a type of social welfare problem where the child's physical, mental and spiritual conditions are not met. Social workers have an important role in handling cases of abandoned children in accordance with Indonesian laws and regulations. This research aims to determine the role of the social work service unit in handling cases of abandoned children as well as the challenges and obstacles faced in handling cases of abandoned children. This research uses empirical research methods that are empirical juridical in nature. The sample was selected by purposive sampling, data collection techniques used interviews, observation and documentation review. Social workers strive to rescue children from dangerous environments, help provide temporary shelter if necessary, and collaborate with various parties to ensure the safety and welfare of children, in providing protection for abandoned children social workers identify children who are at risk of experiencing neglect, exploitation or violence, this is done through surveys, direct interactions, or reports from other parties, after identifying children at risk, social workers carry out an in-depth evaluation of their situation by conducting an assessment. The results of the research on the role of social workers in handling abandoned children, namely companions as facilitators and counselors, as service providers or liaisons and advocates, however there are several obstacles and challenges faced, namely unclear identity of children, complex conditions of children's families, long legal processes, limited resources and lack of public awareness.
Analisis Tanggung Jawab dan Kedudukan Hukum Perseroan Terbatas Dalam UU Perseroan Terbatas dan UU Cipta Kerja Salomo; Swanis Swanis; Aldy Mubarǫ; Abdul Muhajir
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3817

Abstract

Limited Liability Companies (PT) are legal entities that have an important role in the modern economy. This research aims to analyze the responsibilities and legal position of PT in the Limited Liability Company Law. Through a descriptive-analytical approach. First, this research reviews the regulations governing PT organizational responsibilities, which include the separation between ownership, management and legal responsibilities. Second, this research discusses the legal position of limited liability companies The research results show that PT plays a key role and responsibility in increasing economic growth and providing legal protection for stakeholders. Careful and comprehensive regulations are needed to ensure that HEIs operate ethically, transparently and in accordance with sustainability principles. The implication of this research is the importance of a deep understanding of PT regulations for legal practitioners, entrepreneurs and other stakeholders to create a stable and sustainable economic environment.