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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
Prospek Pengaturan Olahraga Elektronik dalam Undang-Undang Sistem Keolahragaan Nasional Kevin Ali Rakhmadi; Aan Efendi; RA Rini Anggraeni
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4280

Abstract

In principle, sports are carried out physically in gyms and fields, which are often done by the public. However, nowadays, with the progress and development of technology, sports can be done not physically and sweating, but simply with intelligence and technological sophistication, for example online games. In such sports, the existing regulations are not yet able to regulate it in its entirety so that if there is a violation of the online game protocol there is no clear legal payment as a reference in providing and making legal decisions. The existing Sports Law, namely Law 11/2022, does not yet accommodate this, so clear concepts and laws are needed to avoid a legal vacuum. The research results require the existence of a clear legal format to regulate and at the same time limit online games, which have been subject to many violations and restrictions. In conclusion, there is a need to revise and update regulations relating to sports in relation to technology.
Acara Penggabungan Perkara Gugatan Ganti Rugi dalam Undang-Undang Nomor 31 Tahun 1997 Tentang Peradilan Militer Parluhutan Sagala; Agustono Agustono; Irman Putra; Arief Fahmi Lubis
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4291

Abstract

Abstract. Viewed from the perspective of law enforcement, with the rarity of filing a claim for compensation or a request to merge a claim for compensation, it requires careful research because after all the core of law enforcement is upholding rights and carrying out obligations. The purpose of this study is to show that the use of the right to claim compensation or a request for compensation is very rare. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that the method of claiming compensation can be done by merging a claim for compensation in a criminal case, through unlawful acts and through a request for restitution.
Analisis Yuridis Tindak Pidana Judi Offline dan Tindak Pidana Judi Online di Kota Kupang Adi Putra Bolle; Bhisa V. Wilhelmus; Daud Dima Tallo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4292

Abstract

In East Nusa Tenggara (NTT) there are various types of gambling, ranging from offline gambling to online gambling. In the city of Kupang itself there are various kinds of gambling, starting from offline gambling, namely, kuru-kuru or throwing dice, rolling ball, cockfighting or cockfighting and bingo, as well as online gambling which is usually called lottery gambling or white coupons. In short, gambling itself is the action of a person or a number of people in risking a certain amount of money or objects in order to seek profit and includes all kinds of bets in the form of money or objects, either directly or indirectly, such as online payments via online applications or existing online sites to facilitate transaction. This research uses normative legal research methods sourced from data obtained in the form of legal rules, legal principles and legal doctrines to answer the problems studied. The research results show that the occurrence of gambling in Indonesia to date is one of the factors caused by the weaknesses in the regulations regarding criminal acts of gambling offline and online so that gambling in Indonesia is still very widespread.
Penarikan Royalti Hak Cipta Sebagai Wujud Jaminan Fidusia Berdasarkan Hukum Positif di Indonesia Kaina Medita; Tasya Safiranita; Rika Ratna Permata
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4293

Abstract

The development of human civilization has given birth to a creative economy that is developing simultaneously. Copyright is one type of Intellectual Property that is given to creators and other parties who have rights to their creations to utilize exclusivity both economically and morally. Indonesian laws and regulations have been able to adjust to economic developments. However, in its implementation there are still gaps in terms of the withdrawal of copyright royalties as objects of fiduciary guarantees. This study aims to determine and identify the optimization of regulations for the implementation of copyright royalties as fiduciary guarantees based on positive law in Indonesia. This study was conducted using a normative juridical approach method, by conducting research through literature as the main research material. Based on the research conducted, it was found that although regulations have regulated copyright to be used as objects of fiduciary guarantees, there needs to be optimization of regulations and collaboration between the government and related institutions along with the development of the creative industry era.
Pengaturan Dewan Pengawas KPK dan Implikasi Terhadap Indepedensi Komisi Pemberantasan Korupsi dalam Sistem Ketatanegaraan Republik Indonesia Candra Erens Bira; Saryono Yohanes; Hernimus Ratu Udju
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4316

Abstract

This study aims to analyze how the existence of the Supervisory Board affects the KPK's position as an independent institution. In addition, this study also identifies obstacles in the implementation of the Supervisory Board regulation that may impact the effectiveness of the KPK. The method used in this research is normative legal research that relies on document studies and legislation related to the KPK as well as the theory of constitutional law. The result of this research is that the regulation of the KPK Supervisory Board, especially in granting licenses for KPK legal actions, has the potential to weaken the independence of the KPK. The duties of the Supervisory Board, which enter the realm of pro justicia, lead to unclear roles and bureaucratic obstacles in the investigation process. This has implications for reducing the effectiveness of the KPK in eradicating corruption in Indonesia.
Akibat Hukum Perceraian terhadap Harta Bersama pada Pasangan Tanpa Perjanjian Perkawinan dan Istri yang Menjalankan Kewajiban Suami dalam Mencari Nafkah Berdasarkan Perspektif Hukum Perkawinan dan Kompilasi Hukum Islam Nadhira Zahra Farida; Djanuardi Djanuardi; Sherly MIS
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4323

Abstract

In the context of marriage law in Indonesia, divorce brings a number of legal consequences, one of which is the division of joint property. This situation becomes more complex when the couple does not have a marriage agreement and when the wife carries out her husband's obligations in earning a living. Examples of cases like this are contained in Supreme Court Decision Number 266/K/AG/2010 and Supreme Court Decision Number 1636/K/Pdt/2018. This research aims to explain the legal provisions and legal consequences of divorce on the distribution of joint assets between couples without a marriage agreement and wives who carry out their husband's obligations based on the perspective of marriage law and Islamic law. This research uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques were carried out through literature study and interviews. The data analysis method used is qualitative juridical. The research results show that in resolving the implementation of the division of joint assets in marriage in Indonesia, legal practitioners can be guided by the Marriage Law and the Civil Code as the legal basis for resolving the division of marital assets. This is in accordance with Article 37 of the Marriage Law which states that in the event of a divorce, joint property is regulated according to respective laws. However, if there is a case where the wife carries out her husband's obligations in terms of earning a living, it will be returned in accordance with the Judge's decision based on consideration of supporting evidence and the portion of each party's contribution to the joint assets collected.
Dasar-Dasar Etika Politik Franz Magnis Suseno Wahyu Trisno Aji
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4325

Abstract

This article aims to describe the basics of political ethics from the perspective of Franz Magnis Suseno. The method used is qualitative which aims to analyze and describe the basics of Franz Magnis Suseno's political ethical thought. As a data collection method, it uses library research documentation techniques by including 2 sub points, namely the biography of Franz Magnis Suseno and the basics of his political ethics thinking. The results of the research are that Franz Magnis Suseno's political ethical thinking certainly also has its own unique style of thinking. He is an intellectual who lives in the country of Indonesia which has many diverse cultures. The inspiration for Franz Magnis Suseno's political ethics as far as can be seen is based on 3 things in looking at politics in Indonesia, namely the basis of Catholic teachings which are his beliefs, Javanese ethics which he admires so much and Pancasila as the ideology of the Indonesian nation which he sees as the basis of life for the Indonesian nation. Franz Magnis Suseno sees these three variables in political conditions in Indonesia.
Kepastian Hak Perorangan dalam Proses Pendaftaran Tanah di Kecamatan Ruteng Kabupaten Manggarai Arsenius Nggebok; Sukardan Aloysius; Petronius Damat
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4331

Abstract

The purpose of this research is to analyze the certainty of individual rights in the land registration process in Ruteng District, Manggarai Regency. In this research, empirical juridical research is used. The approach used in this research is the statute approach. The types and sources of data in this research are primary data and secondary data. Respondents in this research are the Head of Ruteng Sub-district, the Head of Meler Village, Ruteng Sub-district, and the people of Ruteng Sub-district. Data collection techniques are field study and literature study. The result of this research is that in the implementation of land registration in Ruteng Subdistrict, Manggarai Regency, in reality not all of them have been registered, especially in Meler Village, Ruteng Subdistrict, Manggarai Regency, there are 732 people who have registered their land rights out of 2,865 residents. This is due to obstacles faced by the government related to the lack of response from the community. The obstacles that occur in the process of land registration in Rureng District, Manggarai Regency include: Lack of public knowledge about the importance of land registration, Lack of public understanding of the functions and uses of certificates, Public perception that land registration is expensive, Perception that the process of obtaining certificates takes a long time, Disputes between land owners, Assumption that the basis of land rights owned is strong, Errors in the process of measuring land to be registered.
Pemenuhan Hak Pilih Penyandang Disabilitas Perspektif Fiqh Siyasah pada Pemilihan Presiden 2024 di Kabupaten Pekalongan Nur Fatimah Thobib; Yunas Derta Luluardi
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.v4i1.4859

Abstract

People with disabilities have equal rights to participate in the democratic process. In Indonesia, this right has been regulated in the constitution and various regulations, such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 7 of 2017 concerning Elections. However, the reality on the ground shows that there are various challenges that hinder their participation in elections, including the 2024 Presidential Election in Pekalongan Regency. This study aims to examine the fulfillment of transgender political rights from the perspective of fiqh siyāsah and identify factors that influence their level of participation in the democratic process. This study uses an empirical juridical approach with a conceptual method, which analyzes how existing regulations are implemented. Primary data were obtained through interviews with the General Election Commission (KPU) of Pekalongan Regency and transgenders who participated as voters in the 2024 Election. In addition, secondary data were obtained from scientific literature, journals, and relevant regulations in various countries. The results of the study indicate that: The Pekalongan Regency KPU has made efforts to fulfill the political rights of transgender people in accordance with the provisions of Law Number 8 of 2016 concerning Persons with Disabilities, but its implementation has not been fully felt by the disabled group. In the context of fiqh siyāsah, there is a violation of Islamic principles that guarantee human rights and equality before the law.
Analisis Yuridis Pengurangan Hukuman oleh Hakim Mahkamah Agung dalam Perkara Tindak Pidana Korupsi di Indonesia Fauzia Rahawarin; Syah Awaluddin; Ridwan Fauzi Lestaluhu; Nur Patima Sangadji; Astriyanti La Uma; Zulhairin Ode Yoni; Ade Riski Rumain
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): 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.v3i1.4867

Abstract

This paper examines the considerations of Supreme Court (MA) judges in reducing sentences for defendants of corruption crimes in Indonesia. The problem in this paper is what are the considerations of Supreme Court judges in reducing sentences for defendants of corruption crimes juridically. This research uses a juridical method by analyzing relevant theories, concepts, and laws and regulations. The results show that the judge's consideration is based on the good character of the defendant, the social impact, and the facts of the trial, referring to Law Number 48 of 2009 and Law Number 8 of 1981. Edhy Prabowo's case shows that the sentence reduction does not reflect public justice, on the contrary, Idrus Marham's case shows weakness due to the sentence reduction received.